The High Court of Kenya is a court of unlimited original jurisdiction in criminal and civil matters established under article 165 of the constitution of Kenya as part of the Kenya Judiciary. It also has supervisory jurisdiction over all other subordinate courts and any other persons, body or authority exercising a judicial or quasi-judicial function.[1] It was known as the Supreme Court of Kenya until 1964 and its name has remain unchanged since then (while a new Supreme Court of Kenya was established under Article 163 of the Kenyan Constitution as the highest court in Kenya).[2]
Source:[3]
The High Court has the following jurisdiction:
The High Court is also a court of admiralty, and exercises admiralty jurisdiction in all matters arising on the high seas, or in territorial waters, or upon any lake or other navigable inland waters in Kenya.
There are forty five High Court stations and seven High Court Sub registries spread throughout 46 Counties in Kenya, with ongoing work to ensure that each of the 47 Counties has at least one High Court station.
In stations like Nairobi, Mombasa and Kisumu where the High Court has a heavy caseload and multiple Judges, the Court is divided into Divisions. Each station or division is headed by a Presiding Judge. The Divisions are:
Under the Constitution of Kenya 2010, the court is headed by a Principal Judge who is elected by the Judges of the Court from among themselves. The Principal Judge is responsible to the Chief Justice for the overall administration and management of the Court; ensuring the orderly and prompt conduct of the business of the Court; the constitution of benches of two or more judges in consultation with the Chief Justice; and undertaking of such other duties as may be assigned by the Chief Justice.
The current Principal Judge of the Court is Erick Kennedy Ogola who was elected on September 15, 2022, for a non-renewable five-year term.
There is a Registrar of the Court who is responsible for the setting up of the registry and maintenance of the registers of the Court as required under the law; the day to day administration and management of the Court; and overseeing of support services in the Court including the planning, development and the organization of staff of the court as provided for under High Court (Organization and Administration) Act.
Under the repealed Constitution of Kenya, the Registrar of the High Court was the overall chief administrator of the Judiciary. The overall administrator under the 2010 Constitution is the Chief Registrar of the Judiciary.
The current Registrar is Clara Otieno-Omondi who was appointed in July 2023
1963 - 2010
During this period, the Registrar of the High Court served as the overall administrator of the Judiciary.
Post 2010 Constitution
Under the 2010 Constitution, the Registrar of the High Court serves as the administrator of the High Court only and reports to the Chief Registrar of the Judiciary who is the overall administrator of the Judiciary.
The High Court consists of a Principal Judge and not more than two hundred judges. There are presently 79 Judges of the High Court with ongoing recruitment of 20 additional judges.[4]
A single Judge presides over the Court. However, parties to a case are at liberty to request that their cases be heard by an odd number of Judges being not less than three, where the case raises significant constitutional issues. In such cases, the Chief Justice picks the Judges who are to preside over these cases. Most of these cases are heard by 3 Judges. A few exceptional cases are heard by five Judges.
The following are the current justices of the High Court:[5]
The following are some of the former justices of the High Court:[5]
and any matter relating to the constitutional relationship between the levels of government; and a question relating to conflict of laws under Article 191; and