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Legal System

The Kenyan legal system consists of a combination of Kenyan statutory law, and English Common Law, mixed with elements of tribal and Islamic law. In civil matters which concern people of the same ethnic group, customary law is used as a guide, so long as it does not conflict with statutory law. A new constitution promulgated on 27 August 2010 provided for an independent judiciary and a supreme court. The courts operate on two levels Superior and Subordinate Courts, with Superior consisting of the Supreme Court and the High Court, while all other courts are subordinate. The Supreme Court has sole jurisdiction over cases concerning presidential elections and acts as the final court of appeal. It is presided over by the Chief Justice, the president of the Supreme Court, and five other judges. The Chief Justice is the head of the judiciary and was appointed by the president on the recommendation of the Judicial Service Commission, subject to the approval of the National Assembly. However, in 2012 a new Chief Justice was appointed by public vote for the first time.

The High Court deals with the most serious cases under civil and criminal law, serving as a court of first instance in some cases, as well as handling appeals from the lower courts. It sits continuously at Nairobi, Mombasa, Nakuru and Kisumu, and periodically at Eldoret, Kakamega, Nyeri, Kitale, Kisii and Meru. Less serious cases are heard by magistrates’ courts, presided over by resident magistrates and district magistrates. Appeals from the High Court are heard by the Kenya Court of Appeal which comprises 12 judges. The new constitution recognises Kadhi courts to administer Islamic law.

Legal organisations in Kenya
Akoto & Company Advocates
Anjarwalla & Khanna
Ashitiva & Co. Advocates
B M Musau & Co.
Bowman Gilfillan
Chiuri Kirui & Rugo Advocates
Christine Kipsang & Co. Advocates
Coulson Harney / Bowman Gilfillan
Daly & Figgis
Eddie Njiru & Co. Advocates
Elizabeth Siaji & Co. Advocates
Greg Karungo
H M Ongeri & Associates
Hamilton Harrison & Mathews
Igeria & Ngugi Advocates
Iseme, Kamau & Maema Advocates (IK&M)
J. K. Kibicho & Co. Advocates
Jennifer.M. Shamalla & Co Advocates
John Mburu & Co. Advocates
Kaplan & Stratton
Kimani Waweru & Co. Advocates
Kipkenda, Lilan & Koech Advocates
Law Society of Kenya
LG Menezes Advocates
Lutta & Company Advocates
Mengo & Associates
Muriu Mungui & Co. Advocates
Mutuli & Apopo Advocates
Naikuni Ngaah & Co. Advocates
Ndonye & Associates Advocates
Ogola Okello & Co. Advocates
Ombuna Ongeri & Co. Advocates
PM Muchira & Co. Advocates
Raffman Dhanji Elms & Virdee Advocates
Rebelo Aurelio Advocates
Robert Ongeri & Associates
Sichangi & Co. Advocates
Simani & Associates
Veronicah & Miencha Advocates
Walker Kontos
Wandie & Co. Advocates
William, Muriithi, Karuoya & Co. Advocates