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, 2010 as part of the Kenyan 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. 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]
unlimited original jurisdiction in criminal and civil matters;
jurisdiction to determine the question whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed or threatened;
jurisdiction to hear an appeal from a decision of a tribunal appointed to consider the removal of a person from office, other than a tribunal appointed to consider the removal of Judges from office;
jurisdiction to hear any question respecting the interpretation of the Constitution including the determination of the question whether any law is inconsistent with or in contravention of the Constitution, the question whether anything said to be done under the authority of the Constitution or of any law is inconsistent with, or in contravention of, the Constitution, any matter relating to constitutional powers of State organs in respect of county governments and any matter relating to the constitutional relationship between the levels of government, and a question relating to conflict of laws.
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.
Organization & Administration
Stations & Divisions
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:
Family & Children Division
Commercial Division
Admiralty Division
Constitutional and Human Rights Division
Judicial Review Division
Criminal Division
Civil Division
Anti-Corruption & Economic Crimes Division
Principal Judge
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 answerable 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.
List of Principal Judges
Hon Justice Richard Mwongo (2013 - 2018)
Hon Lady Justice Lydia Achode (2018 - 2022)
Hon Justice Eric Kennedy Ogola (2022–present)
Registrar of the High Court
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
List of Registrars of the High Court
1963 - 2010
During this period, the Registrar of the High Court served as the overall administrator of the Judiciary.
John Robert McReady (August 1968 - 1970)
James Onyiego Nyarangi (17 June 1970 – 10 May 1972)
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.
Hon Lady Justice Judith Omange (2011 - 2022)
Hon Pauline Mbulikah (Acting) (2022 - June 2023)
Hon Clara Otieno-Omondi (July 2023 – present)
Composition
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.
Current Justices
The following are the current justices of the High Court:[5]
Eric Kennedy Ogola – Principal Judge of the High Court
Daniel K. Musinga – Appointed Judge of Appeal on November 8, 2012
Festus Azangalala – Appointed Judge of Appeal on November 8, 2012
Milton S. A Makhandia – Appointed Judge of Appeal on November 8, 2012
Abudullahi Warsame – Appointed Judge of Appeal on November 8, 2012
William Ouko – Appointed Judge of Appeal on November 8, 2012
Philomena Mbete Mwilu – Appointed Judge of Appeal on November 8, 2012
Grace Ngenye Wangui – Appointed Judge of Appeal
Lydia Awino Achode – Appointed Judge of Appeal
Beatrice Thuranira Jaden – Deceased
George Vincent Odunga – Appointed Judge of Appeal
Weldon Korir Kipyegon – Appointed Judge of Appeal
Pauline Nyamweya – Appointed Judge of Appeal
Jessie W. Lesiit – Appointed Judge of Appeal
John Mativo – Appointed Judge of Appeal
Amraphael Mbogholi Msagha – Appointed Judge of Appeal
Frederick A. Ochieng’ – Appointed Judge of Appeal
Luka K. Kimaru – Appointed Judge of Appeal
A. O. Muchelule – Appointed Judge of Appeal
Joel Ngugi Mwaura – Appointed Judge of Appeal
Ngugi Grace Mumbi – Appointed Judge of Appeal
References
^The Chief Registrar of The Judiciary - Supreme Court of Kenya (2012). "The Courts :: Republic of Kenya - The Judiciary". judiciary.go.ke. Republic of Kenya: The Judiciary. Archived from the original on July 21, 2012. Retrieved August 1, 2012. 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
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