The functions of the High Court in Kenya

The functions of the High Court in Kenya

  • Interpretation of the constitution to determine whether the dispute is constitutional or not.
  • It tries both criminal and civil cases. It particularly handles cases involving large amounts of money.

  • Attending to cases from all parts of the country.
  • It has power to correct mistakes made by the lower courts.
  • Hearing appeals from decisions of professional disciplinary tribunals e.g. the Law Society of Kenya and the Kenya Medical and dentists Association.
  • Hearing appeals from the Kadhis‟ courts.
  • It acts as a court of appeal for cases from Resident and Chief Magistrates courts.
  • It deals with election petitions.
  • Describe/identify the court divisions that were created within the High Court as a result of the recommendation of the Kwach committee on the administration of justice in the Judiciary.
  • Following the findings of the Kwach Committee on the administration of justice in the judiciary, court divisions were created within the High Court. These are:
  • The Family Division, which covers matters of adoption, custody of children, matrimonial property, succession of property, divorce, separation, maintenance and other cases of Family Law.

  • The Commercial Division, which deals with registry of taxation. It handles matters involving banks, personal injury claims and employment contracts.
  • The Criminal Division, which deals with capital offences such as treason, murder, attempted murder, robbery with violence and attempted robbery with violence.
  • The Civil Division, which deals with civil matters, mainly issues involving public service


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