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State of Judiciary 2011-2012
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in those courts until their conclusion. Subsequently, all new cases
relating to the environment and the use and occupation of, and title
to, land shall be filed in the nearest Land and Environment Court.
2.6 Subordinate Courts
The Subordinate Courts provided for under Article 169 of the
Constitution are the Magistrates Courts, the Kadhis Courts, the Courts
Martial, and Tribunals.
2.6.1 The Magistrates Courts
The Magistrates Courts, provided for under Article 169 (1) (a) and
the Magistrates Court Act, hear the bulk of cases brought to the
Judiciary. There are 113 magistrates’ court stations across the
country, staffed with 436 magistrates. (See court locator at www.
judiciary.go.ke and Annex 4)
Between June 2011 and July 2012 a total of 387,811 cases were
filed in the magistrates’ courts, with 363,137 cases being finalised
during the year. The number of pending cases at June 2012 stood
at 493,370. To keep with inflationary trends and economic realities,
and to enhance access to justice, the pecuniary jurisdiction was
enhanced for all magistrates.
Table 2.6: Changes in pecuniary jurisdiction for magistrates
Rank Previous limit Current limit
Chief Magistrate Sh3 million Sh7 million
Snr Principal Magistrate
Principal Magistrate
Snr Resident
Magistrate
Resident
Magistrate
Sh2 million
Sh1 million
Sh800,000
Sh500,000
Sh5 million
Sh4 million
Sh3 million
Sh2 million
The posts of 53 legal researchers and 93 resident magistrates have
been advertised. Across the board, magistrates will be promoted
to fill vacancies across the country.