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The Magistrates' Court of Kenya is a Subordinate court established under Article 169 1(a) of Kenya's 2010 Constitution. [1] The Court is subordinate to the High Court and is presided over by either a chief magistrate, a senior principal magistrate, a principal magistrate, a senior resident magistrate, or a resident magistrate. [2]
They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules 1998 is the statutory instrument listing the rules. [2] The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non ...
But a civil action between Ms. Sanchez and a Mr. Smith would be "Sanchez v. Smith" if it were started by Sanchez, and "Smith v. Sanchez" if it were started by Mr. Smith (though the order of parties' names can change if the case is appealed). [1] Most countries make a clear distinction between civil and criminal procedure.
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 ...
Article 169 1(b) of the Constitution of Kenya 2010 creates Kadhi's court. This is a court that hears civil matters relating to Sharia law. The parties involved must all be followers of Islam and all must agree that the matter to be decided under Islamic law. The matter must be civil in nature e.g. Divorce, succession etc.
The Supreme Court of Kenya is the highest court in Kenya. It is established under Article 163 of the new Kenyan Constitution 2010 As the highest court in the nation, its decisions are binding and set precedent on all other courts in the country.
Under Article Three of Law No. 9,099/1995, Civil Claims involving an amount up to 40 (forty) monthly minimal wages or R$24,880.00 (October 2012), which correspond to roughly US$12,440.00, may be filed before a Special Civil Court, as well as small claims involving landlords and some claims set by Article 275, II, of the Code of Civil Procedure.
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