Magistrates' Courts Act

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

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

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 Sec...

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 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 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...

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

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 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 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 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 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 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...

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.