The Chief Justice yesterday launched Magistrates and Kadhis Courts Registry Manual at Limuru court. It is important for Kenyan to understand the content of this crucial document. You can do so by visiting http://www.judiciary.go.ke/portal/blog/post/judiciary-launches-magistrates-and-kadhis-courts-registry-manual .
Below are some key highlights of constitution provisions and hierarchy of these two courts.
The Magistrates and Kadhis Courts Registry Manual provides a guide to Court Registry staff in the performance of their official duties.
It simplifies court procedures to facilitate effective and efficient services to all court users. This is in line with the Constitution of Kenya that requires the Judiciary to take effective steps to reduce the obstacles that hinder public access to justice.
A Court Registry is a critical interface between the public and the justice system in Kenya. Registries play an important role in enabling the Judiciary to meet these constitutional obligations. The Manual emphasizes due regard and utmost care for customers as the key principle in our registry procedures and processes.
The objectives of the Manual is to; simplify and standardize registry procedures, increase efficiency in the registries, guide litigants and staff on registry processes, promote accountability among registry staff and act as an orientation tool for new Registry staff.
The Magistrates and Kadhis Courts
The Magistrates and Kadhis courts are established under Article(s) 162, 169 and 170 of the Constitution of Kenya, Magistrates Court Act and the Kadhis Court Act.
These courts have both Civil and Criminal jurisdiction, as provided for in the various Acts of Parliament.
The hierarchy of the Magistrates Court is as shown in the flow chart below;
CHIEF MAGISTRATES COURT
SENIOR PRINCIPAL MAGISTRATES COURT
PRINCIPAL MAGISTRATES COURT
SENIOR RESIDENT MAGISTRATES COURT
RESIDENT MAGISTRATES COURT
The jurisdiction of a Kadhis court is limited to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhis courts.
The hierarchy of the Kadhis Courts is as illustrated below;
DEPUTY CHIEF KADHI