The High Court of Kenya is a critical part of the Kenyan Judiciary, established under Article 165 of the Constitution of Kenya, 2010. It holds unlimited original jurisdiction in both criminal and civil matters and also provides supervisory jurisdiction over subordinate courts, as well as any other body or authority exercising judicial functions.
The High Court was initially known as the Supreme Court of Kenya until 1964 when a new Supreme Court was created as the highest court in Kenya. Its jurisdiction also covers the determination of matters regarding the Constitution, constitutional interpretation, and issues affecting the Bill of Rights.
Organization & Administration
The High Court operates with 45 stations across Kenya, with ongoing efforts to ensure each of the 47 counties has at least one High Court station. Major cities like Nairobi, Mombasa, and Kisumu have several divisions in response to the heavy caseload. These include the Family & Children Division, Criminal Division, Commercial Division, Anti-Corruption & Economic Crimes Division, and more.
The High Court is presided over by a Principal Judge elected by the judges themselves, who is responsible for managing the Court’s administrative functions. The current Principal Judge is Hon. Eric Kennedy Ogola, who was elected in 2022 for a non-renewable five-year term.
Jurisdiction
The High Court holds significant powers, such as:
- Unlimited original jurisdiction in criminal and civil cases.
- The power to interpret the Constitution.
- The authority to hear appeals from tribunals regarding the removal of persons from office.
- The ability to issue advisory opinions on matters relating to county governments or state of emergency declarations.
- The power to adjudicate on admiralty matters involving high seas or navigable waters.
Current Judges
The High Court is made up of several judges who are appointed and serve until the mandatory retirement age of 70. Some of the notable judges currently serving include:
- Justice Eric Kennedy Ogola (Principal Judge)
- Justice Roseline P.V. Wendoh
- Justice Joseph Karanja
- Justice George Vincent Odunga
- Justice Said Juma Chitembwe
Landmark Cases
The High Court of Kenya has heard some of the most significant cases in the country, including election petitions and constitutional matters. For example, it has been instrumental in overseeing election-related petitions, such as the 2017 Kenyan Presidential Election Petition, where it played a key role in interpreting electoral laws and protecting citizens’ rights under the Constitution.
Reforms and Challenges
Despite the progress, the High Court of Kenya has faced challenges like delayed case resolution, a backlog of cases, and inadequate infrastructure. However, ongoing reforms and initiatives, including increasing the number of judges and expanding digital infrastructure, aim to improve the Court’s efficiency.
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)
- Zaccheus Chesoni (11 May 1972 – 16 Jan 1974)
- Vijay Kapila (17 Jan 1974 – 1978)
- Sardar Pritam Singh Brar (1 Jan 1978 – 22 Sept 1981)
- Jamnandas Somabhai Patel (22 Sept 1981 – 29 Dec 1983)
- Abdul Rauf Samnakay (30 Dec 1983 – 18 Oct 1984)
- John Wycliffe Mwalati Mwera (19 October 1984 – 1990)
- Jacob Letia Ole Kipury (20 Feb 1990 – 1 March 2002)
- William Ouko (4 March 2002 – 2004)
- Charles Njai (22 April 2004 – 15 Nov 2007)
- Christine Meoli (16 Nov 2007 – 27 Feb 2008)
- Lydiah Achode (28 Feb 2008 – 22 Aug 2011)
Post 2010 Constitution
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
- Roseline P. V. Wendoh
- George Matatia Abaleka Dulu
- Mary Muhanji Kasango
- Joseph R. Karanja
- Florence N. Muchemi
- Maureen Akinyi Odero
- Said Juma Chitembwe
- Joseph Sergon
- Edward Muthoga Muriithi
- Kanyi Kimondo
- David Amilcar S. Majanja – Representative in the Judicial Service Commission
- Cecilia Wathaiya Githua
- Christine W. Meoli
- Hedwig Imbosa Ong’udi
- Stella Ngali Mutuku
- James Wakiaga
- Rose Atieno Ougo
- George Vincent Odunga
- Hilary Kiplagat Chemitei
- Roseline C. Lagat Korir
- Richard Mururu Mwongo
- Morgan M Mercedes
- Jayden Njoroge Njoroge
- Abigail Mshila
- Musyoka William Musya
- Jacqueline N. Kamau
- Manyang kang Chol
- Divine Kupesa Mfuti
- Prince Taylor
- Enock Mwita
- Israel Dinga
- Lincan jdhj
- Robert Limo
- Roselyne Aburili
- Grace Nzioka
- Justus Bwonwonga
- Janet Mulwa
- Margaret Muigai
- Stephen Riechi
- Olga Sewe
- Wilfrida Okwany
- Patrick Otieno
- Anthony Ndung’u
- Mugure Thande
- Margaret Mwangi
- Stephen Githinji
- Dorah O. Chepkwony
- Asenath Ongeri
- Kiarie Waweru Kiarie
- Lucy Njuguna
- Reuben Nyakundi
- Onyiego John Nyabuto
- Cherere Thrispisa Wanjiku Wamae
- Ogola Daniel Ogembo
- Gitari Lucy Waruguru
- Ngetich Rachel C. Biomondo
- Kemei David Kipyegomen
- Onginjo Anne Colleta Apondi
- Matheka Teresia Mumbua
- Nyagah Jesse Njagi
- Martin Muya
- Gichohi Patricia Njeri
- Josephine Wayua Wambua
- Nyaundi Patricia Mande
- Kavedza Diana Rachel
- Chirchir Sophie Chebet
- Prof. (Dr.) Sifuna Nixon Wanyama
- Shariff Mwanaisha Saida
- Chigiti John Mugwimi
- Nyaga Heston Mbogo
- Mulwa Peter Mutua
- Nthiga Lawrence Mugambi
- Mutai Gregory
- Wananda John Robert Anuro
- Mohochi Samwel Mukira
- Olei Francis Rayola Ochieng Odhiambo
- Dr. Githiru Freda Mugambi
- Magare Dennis Kizito Ng’wono
- Macharia Florence Wangari
- Odera Teresa Achieng
- Visram Aleem Alnashir
Former Justices
The following are some of the former justices of the High Court:[5]
- John W. Mwera – Appointed Judge of Appeal on November 8, 2012
- George B. M. Kariuki – Appointed Judge of Appeal on November 8, 2012
- Mohammed K. Ibrahim – Appointed Judge of the Supreme Court on June 16, 2011
- Jackton Boma Ojwang – Appointed Judge of the Supreme Court on June 16, 2011
- 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
Conclusion
The High Court of Kenya continues to be an integral institution in the country’s legal landscape, ensuring the upholding of the rule of law, constitutional supremacy, and human rights. With continuous reforms and modernization, the High Court remains central to delivering justice for all Kenyans.
