Related documents
LAWS OF KENYA
HIGH COURT (ORGANIZATION AND ADMINISTRATION) ACT
CAP. 8C
- Published in Kenya Gazette Vol. CXVII—No. 145 on 24 December 2015
- Assented to on 15 December 2015
- Commenced on 2 January 2016
- [Amended by Contempt of Court Act (Cap. 8F) on 13 January 2017]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2017 (Act No. 11 of 2017) on 4 May 2017]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the High Court (Organization and Administration) Act.2. Interpretation
In this Act, unless the context otherwise requires—"administrative function" in relation to the Chief Justice, Principal Judge, presiding judge or a judge means the discharge of non-judicial functions assigned under this or other law, which are necessary to facilitate the exercise of the judicial authority by the Court;"Chief Justice" means the Chief Justice appointed under Article 166 of the Constitution;"Chief Registrar" means the Chief Registrar of the Judiciary referred to in Article 161 of the Constitution;"Commission" means the Judicial Service Commission established under Article 171(1) of the Constitution;"Court" means the High Court of Kenya established by Article 165 of the Constitution;"Division" means a division of the High Court established under section 11;"Principal Judge" means the Principal Judge of the High Court elected pursuant to Article 165(2) of the Constitution;"Presiding Judge" means a Judge presiding over a court station or a division appointed or designated by the Chief Justice under section 8 or 14;"registry" means the registry where all pleadings and supporting documents and all orders and decisions of the Court are recorded and maintained in accordance with the Rules and includes a sub-registry;"Registrar" means the Registrar of the High Court appointed pursuant to section 18;"subordinate courts" means the courts set out in Article 169(1) of the Constitution;"station" in relation to the Court means a station established pursuant to section 12.3. Guiding principles
Part II – ORGANIZATION OF THE COURT
4. Constitution of the Court
5. Jurisdiction of the Court
The Court shall exercise—6. Principal Judge
7. Presiding judges
8. Order of precedence of judges of the Court
9. Quorum of the Court
10. Sittings and recess sessions of the Court
11. Establishment of Divisions
12. Distribution of stations of the Court
13. Transfer and deployment of judges
14. Leadership and management teams
15. Circuit courts
Part III – ADMINISTRATION OF THE COURT
16. Role of the Chief Justice as the head of Judiciary
The Chief Justice may issue practice directions and written guidelines to judges and judicial officers to—17. Role of the Chief Registrar
The Chief Registrar shall be responsible to the Chief Justice for the overall administration and management of the Court.18. Registrar of the Court
19. Qualification for appointment of the Registrar of the Court
A person shall be qualified for appointment as the Registrar if that person—20. Functions and powers of the Registrar
21. Functions of Deputy Registrars
22. Review of decisions of the Registrar
23. High Court Advisory Committee
24. Staff of the Court
Part IV – PROCEDURES OF THE COURT
25. Practice and procedure of the Court
The Court shall exercise its jurisdiction in accordance with the rules of practice and procedure prescribed by written law.26. Alternative dispute resolution
Part V – GENERAL PROVISIONS
27. Case management
28. Records of the court
29. Performance management inspections and monitoring
The Principal Judge shall, upon consultation with the Commission, oversee the implementation of a performance management system comprising of performance contracting, appraisal and evaluation of the judges of the Court in the discharge of their mandate, in accordance with the provisions of the Constitution, this Act and any other law.30. Ethics and integrity
31. Budget and funding of the Court
32. Welfare of Judges and judicial officers
The Chief Justice may establish or approve the establishment of such committees or associations as may be necessary for the promotion of the welfare, collegiality, working conditions, mentorship and peer review and other interactions between judges, magistrates and members of tribunals.33. Protection of judges and Judicial officers from personal liability
34. Languages of the Court
35. Judgments of the Court
36. [Deleted by Act No. 46 of 2016, s. 39.]
37. Seal of the Court
38. Representation before the Court
39. Rules
40. [Spent]
41. Code of Conduct for judges of the Court
The Chief Justice shall, within six months of the commencement of this Act, prescribe the code of conduct applicable to a judge of the Court.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
04 May 2017
13 January 2017
Amended by
Contempt of Court Act
Read this version
02 January 2016
Commenced
24 December 2015
15 December 2015
Assented to
Cited documents 2
Act 2
1. | Contempt of Court Act | 391 citations |
2. | Statutory Instruments Act | 241 citations |
Documents citing this one 124
Judgment 101
Gazette 17
Act 2
1. | Judicature Act | 982 citations |
2. | Contempt of Court Act | 391 citations |
Bench Bulletin 2
1. | Bench Bulletin - Issue 37 | |
2. | Bench Bulletin - Issue 58 |
Bill 1
1. | The Statute Law (Miscellaneous Amendments) Bill, 2016 |
Legal Notice 1
1. | The High Court (Organization and Administration) (General) Rules | 1 citation |
Subsidiary legislation
Title
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Date
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The High Court (Organization and Administration) (General) Rules | Legal Notice 134 of 2016 | 31 December 2022 |