Kenya Act or statute

Parliament of Kenya

Magistrates' Courts Act

Jurisdiction: Kenya
Structure: 21 provisions
Citation: Cap. 10
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“The Act's short title is "Magistrates' Courts Act."”

The Act's short title is "Magistrates' Courts Act." Defines terms used in the Act, including "Chief Justice", "Chief Registrar", "Commission", "magistrate", "magistrate's court", "order", and "station". A magistrate's court must be guided by the principles in Articles 10, 159(2) and 232 of the Constitution. This Act's objective is to enable magistrates' courts to provide just, expeditious, proportionate and accessible judicial services; parties and their authorised representatives must assist the magistrates' courts to further that objective. The Court has power to punish for contempt; police may detain persons committing contempt; the Court may sentence for contempt to short imprisonment or a fine; persons may appeal such punishment.

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PRELIMINARY - 1. Short title

The Act's short title is "Magistrates' Courts Act."

Section 1

MAGISTRATES' COURTS - 5. Constitution of magistrate's court

A magistrate's court must be subordinate to the High Court and is properly constituted when presided over by a listed magistrate.

Section 5

ADMINISTRATION - 11. Court administrator

Every court station must have a court administrator appointed by the Commission; the court administrator must exercise powers and perform duties as conferred by the Rules of court and directions of the Chief Registrar.

Section 11

GENERAL - 16. Evidence of customary law

A magistrate's court may call for and hear evidence of the customary law applicable to any case before it.

Section 16

GENERAL - 21. Code of Conduct for magistrates

The Chief Justice must prescribe a code of conduct for magistrates.

Section 21

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Source record from new.kenyalaw.org · As at 31 Dec 2022

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Showing 21 of 21 provisions

Provision 16Interpretation 2Short titleOffence

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act's short title is "Magistrates' Courts Act."

Section 1. Short title Section This Act may be cited as the Magistrates' Courts Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Defines terms used in the Act, including "Chief Justice", "Chief Registrar", "Commission", "magistrate", "magistrate's court", "order", and "station".

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Chief Justice" means the Chief Justice appointed under Article 166 of the Constitution; "Chief Registrar" means the Chief Registrar of the judiciary established in Article 161 of the Constitution; "Commission" means the Judicial Service Commission established under Article 171(1) of the Constitution; "magistrate" means a chief magistrate, a senior principal magistrate, a principal magistrate, a senior resident magistrate, or a resident magistrate appointed in accordance with Article 172(1)(c) of the Constitution and includes a person appointed to act in the particular office; "magistrate's court" means a subordinate court established by Article 169(1)(a) of the Constitution; "order" includes a conviction, a direction, a sentence, a decree and any other decision or determination of a court; and "station" means the place at which one or more magistrates' courts are located.

Section 2Verify source

§ 3PRELIMINARY - 3. Guiding principlesProvision

A magistrate's court must be guided by the principles in Articles 10, 159(2) and 232 of the Constitution.

Section 3. Guiding principles Section In exercise of its judicial authority, a magistrate's court shall be guided by the principles specified under Articles 10, 159(2) and 232 of the Constitution.

Section 3Verify source

§ 4PRELIMINARY - 4. ObjectiveProvision

This Act's objective is to enable magistrates' courts to provide just, expeditious, proportionate and accessible judicial services; parties and their authorised representatives must assist the magistrates' courts to further that objective.

Section 4. Objective Section 4(1) The objective of this Act is to enable magistrates' courts to facilitate just, expeditious, proportionate and accessible judicial services in exercise of the criminal and civil jurisdiction in this Act or any other written law. Section 4(2) The parties appearing in a magistrate's court and the duly authorised representatives of the parties, shall assist the magistrates' courts to further the principal objective of this Act.

Section 4Verify source

Part II

MAGISTRATES' COURTS

§ 10MAGISTRATES' COURTS - 10. Contempt of CourtOffence

The Court has power to punish for contempt; police may detain persons committing contempt; the Court may sentence for contempt to short imprisonment or a fine; persons may appeal such punishment.

Section 10. Contempt of Court Section 10(1) Subject to the provisions of any other law, the Court shall have power to punish for contempt. Section 10(2)(a) assaults, threatens, intimidates, or insults a magistrate, court administrator, judicial officer, or a witness, during a sitting or attendance in Court, or in going to or returning from the Court; Section 10(2)(b) interrupts or obstructs the proceedings of the Court; or Section 10(2)(c) without lawful excuse disobeys an order or direction of the Court in the course of the hearing of a proceeding, Section 10(3) In the case of civil proceedings, the willful disobedience of any judgment, decree, direction, order, or other process of a court or willful breach of an undertaking given to a court constitutes contempt of court. Section 10(4)(a) scandalizes or tends to scandalize, or lowers or tends to lower the judicial authority or dignity of the court; Section 10(4)(b) prejudices, or interferes or tends to interfere with, the due course of any judicial proceedings; or Section 10(4)(c) interferes or tends to interfere with, or obstructs or tends to obstruct the administration of justice, Section 10(5) A police officer, with or without the assistance of any other person, may, by order of a judge of the Court, take into custody and detain a person who commits an offence under subsection (2) until the rising of the Court. Section 10(6) The Court may sentence a person who commits an offence under subsection (1) to imprisonment for a term not exceeding five days, or a fine not exceeding one hundred thousand shillings, or both. Section 10(7) A person may appeal against an order of the Court made by way of punishment for contempt of court as if it were a conviction and sentence made in the exercise of the ordinary original criminal jurisdiction of the Court. Section 10(8) The Chief Justice may make Rules to regulate procedures relating to contempt of court.

Section 10Verify source

§ 5MAGISTRATES' COURTS - 5. Constitution of magistrate's courtProvision

A magistrate's court must be subordinate to the High Court and is properly constituted when presided over by a listed magistrate.

Section 5. Constitution of magistrate's court Section A magistrate's court shall be subordinate to the High Court and shall be duly constituted when presided over by a chief magistrate, a senior principal magistrate, a principal magistrate, a senior resident magistrate or a resident magistrate.

Section 5Verify source

§ 6MAGISTRATES' COURTS - 6. Criminal jurisdiction of a magistrate's courtProvision

Title: Criminal jurisdiction of a magistrate's court.

Section 6. Criminal jurisdiction of a magistrate's court Section the Criminal Procedure Code (Cap. 75); or

Section 6Verify source

§ 7MAGISTRATES' COURTS - 7. Civil jurisdiction of a magistrate's courtProvision

Magistrates' courts have pecuniary jurisdiction limits that vary by the rank of the presiding magistrate; certain matters are excluded from their jurisdiction; the Chief Justice may revise those limits by Gazette notice taking into account inflation and prevailing economic conditions.

Section 7. Civil jurisdiction of a magistrate's court Section 7(1)(a) twenty million shillings, where the court is presided over by a chief magistrate; Section 7(1)(b) fifteen million shillings, where the court is presided over by a senior principal magistrate; Section 7(1)(c) ten million shillings, where the court is presided over by a principal magistrate; Section 7(1)(d) seven million shillings, where the court is presided over by a senior resident magistrate; or Section 7(1)(e) five million shillings, where the court is presided over by a resident magistrate. Section 7(2) The Chief Justice may from time to time, by notice in the Gazette , revise the pecuniary limits of jurisdiction set out in subsection (1), taking into account inflation and change in prevailing economic conditions. Section 7(3)(a) land held under customary tenure; Section 7(3)(b) marriage, divorce, maintenance or dowry; Section 7(3)(c) seduction or pregnancy of an unmarried woman or girl; Section 7(3)(d) enticement of, or adultery with a married person; Section 7(3)(e) matters affecting status, and in particular the status of widows and children including guardianship, custody, adoption and legitimacy; and Section 7(3)(f) intestate succession and administration of intestate estates, so far as they are not governed by any written law.

Section 7Verify source

§ 8MAGISTRATES' COURTS - 8. Claims relating to violation of human rightsProvision

Section 8. Claims relating to violation of human rights Section 8(1) Subject to Article 165(3)(b) of the Constitution and the pecuniary limitations set out in section 7 (1), a magistrate's court shall have jurisdiction to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights. Section 8(2) The applications contemplated in subsection (1) shall only relate to the rights guaranteed in Article 25(a) and (b) of the Constitution. Section 8(3) Nothing in this Act may be construed as conferring jurisdiction on a magistrate's court to hear and determine claims for compensation for loss or damage suffered in consequence of a violation, infringement, denial of a right or fundamental freedom in the Bill of Rights. Section 8(4) The Chief Justice shall make Rules for the better exercise of jurisdiction of the magistrate's courts under this section.

Section 8Verify source

§ 9MAGISTRATES' COURTS - 9. Claims in employment, labour relations claims, land and environment casesProvision

Section 9. Claims in employment, labour relations claims, land and environment cases Section environmental planning and protection, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources;

Section 9Verify source

Part III

ADMINISTRATION

§ 11ADMINISTRATION - 11. Court administratorProvision

Section 11. Court administrator Section 11(1) There shall be a court administrator in every station, who shall be appointed by the Commission pursuant to Article 172(1)(c) of the Constitution. Section 11(2) A court administrator shall exercise such powers and perform such duties as may be conferred upon the court administrator by the Rules of court and directions of the Chief Registrar.

Section 11Verify source

§ 12ADMINISTRATION - 12. Functions of a court administratorProvision

The court administrator must, for magistrate's court proceedings, act in accordance with the directions of the Chief Registrar and the Rules of court and perform specified administrative functions.

Section 12. Functions of a court administrator Section 12(1) The court administrator shall, in relation to the proceedings of a magistrate's court, act in accordance with the directions of the Chief Registrar and the Rules of court. Section 12(2)(a) the establishment and maintenance of the Registry; Section 12(2)(b) the acceptance, transmission, service and custody of documents in accordance with the rules of court; Section 12(2)(c) the facilitation of the enforcement of decisions of the magistrate's court; Section 12(2)(d) certifying that any order, direction or decision is an order, direction or decision of the magistrate's court, as the case may be; Section 12(2)(e) causing to be kept records of the proceedings and the minutes of the meetings of the magistrate's court and such other records as the magistrate's court may direct; Section 12(2)(f) the management and supervision of the staff of the magistrate's court; Section 12(2)(g) the day to day administration of the magistrate's court; Section 12(2)(h) the management of the library of the magistrate's court; and Section 12(2)(i) undertaking any duties assigned by the magistrate's court.

Section 12Verify source

Part IV

GENERAL

§ 13GENERAL - 13. Sittings of magistrate's courtsProvision

Magistrate's courts may hold sittings anywhere within their local jurisdiction, but, as far as practicable, must be held at the place designated in the Gazette.

Section 13. Sittings of magistrate's courts Section 13(1) Sittings of a magistrate's court may be held at any place within the local limits of its jurisdiction, but it shall, so far as is practicable, be held at the place designated in the Gazette . Section 13(2)(a) taking evidence in circumstances not conducive to proceedings at the place referred to in subsection (1); Section 13(2)(b) taking evidence on commission in accordance with the Evidence Act (Cap. 80); or Section 13(2)(c) taking evidence for any other reason that the magistrate's court may deem necessary.

Section 13Verify source

§ 14GENERAL - 14. Provisions on delegated powersProvision

The Chief Justice may make Rules of court to regulate the procedure and practice of magistrates' courts.

Section 14. Provisions on delegated powers Section The Chief Justice may make Rules of court to regulate the procedure and practice of magistrates' courts.

Section 14Verify source

§ 15GENERAL - 15. Procedure and practiceProvision

A magistrates' court must follow the procedure and practice specified by written law, subject to this Act and the Rules of court made under section 14.

Section 15. Procedure and practice Section Subject to this Act and to the Rules of court made under section 14 , a magistrates' court shall follow the procedure and practice specified by written law.

Section 15Verify source

§ 16GENERAL - 16. Evidence of customary lawProvision

A magistrate's court may call for and hear evidence of the customary law applicable to any case before it.

Section 16. Evidence of customary law Section A magistrate's court may call for and hear evidence of the customary law applicable to any case before it.

Section 16Verify source

§ 17GENERAL - 17. Records and returnsProvision

A magistrate's court must keep records of proceedings and send returns of proceedings to the High Court as directed by the Chief Justice.

Section 17. Records and returns Section A magistrate's court shall keep such records of proceedings and submit such returns of proceedings to the High Court as the Chief Justice may, from time to time, direct.

Section 17Verify source

§ 18GENERAL - 18. Supervision of courtsProvision

The Chief Justice must take measures necessary to supervise and inspect magistrates' courts.

Section 18. Supervision of courts Section The Chief Justice shall take such measures as may be necessary for the supervision and inspection of magistrates' courts.

Section 18Verify source

§ 19GENERAL - 19. Seals and stampsProvision

A magistrate's court must use seals or stamps in the kind and pattern directed by the Chief Justice.

Section 19. Seals and stamps Section A magistrate's court shall use seals or stamps of such kind and pattern as the Chief Justice may direct.

Section 19Verify source

§ 20GENERAL - 20. RulesInterpretation

The Chief Justice may make rules for the effective organization and administration of the Magistrates' Court, covering specified procedural and administrative matters and subject to limits and principles stated in the section.

Section 20. Rules Section 20(1) The Chief Justice may make Rules generally for the effective organization and administration of the Magistrates' Court. Section 20(2)(a) procedure of handling claims relating to violation of human rights; Section 20(2)(b) general practice and procedure of Magistrates' Courts; Section 20(2)(c) supervision and inspection of Magistrates' Courts; Section 20(2)(d) automation of Court records, case management, protection and sharing of Court information and the use of information communication technology; Section 20(2)(e) form, style, storage, maintenance and retrieval of Court records; and Section 20(2)(f) procedure relating to contempt of court. Section 20(3)(a) the purpose and objective of the delegation under this section is to enable the Chief Justice to make Rules to provide for the better administration and organization of the Court; Section 20(3)(b) the authority of the Chief Justice to make Rules under this Act is limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section; and Section 20(3)(c) the principles and standard applicable to the Rules made under this section are those set out in the Interpretation and General Provisions Act ( Cap. 2 ) and the Statutory Instruments Act (Cap. 2A).

Section 20Verify source

§ 21GENERAL - 21. Code of Conduct for magistratesCommencement

The Chief Justice must prescribe a code of conduct for magistrates.

Section 21. Code of Conduct for magistrates Section The Chief Justice shall, within six months of the commencement of this Act, prescribe the code of conduct applicable to magistrates.

Section 21Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Chief Justice to make Rules under this Act
Section 20
Conduct for magistrates The Chief Justice must prescribe a code of conduct for magistrates. Section 21. Code
Section 21
Constitution. Section 8(3) Nothing in this Act
Section 8

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