History of the High Court

The High Court of Kenya, was first established under the provision in East African Order in Council, 1897 and the Crown Regulations in Zanzibar as His Majesty’s Court for East Africa.

In 1902, it was renamed the High Court for East Africa Protectorate, with its seat at Mombasa, the appeals from the High Court then were heard and determined by the Court of Appeal for Eastern Africa established by an Order in Council, 1902 with its seat in Zanzibar. In 1905, the headquarters of the Protectorate was moved to Nairobi from Mombasa. This prompted the establishment of the District Registries of the High Court in Nairobi, Nakuru, Kisumu and Lamu vide Ordinance Rules of the Court No. 6 of 1911, to protect the interest of the colonial government The High Court for East Africa Protectorate was the Court until 1920 when Kenya became a colony.

The High Court for East Africa Protectorate was renamed to the Supreme Court of Kenya – Colony and the Appeals were heard and determined by the Eastern Africa Court of Appeal. The first courthouse in Nairobi was located at the District Commissioner’s Office in Upper Hill, near the Nairobi Club. It was later moved to the first Town Hall, Imenti house, in the City Centre. In 1923, the Theatre Royal (Cameo building) served as the seat of the High Court to allow for construction of another Town Hall building. The High Court relocated to the Supreme Court building in 1931. The building was officially opened in May 1935 during the British silver jubilee coronation celebrations. Eastern Africa Court of Appeal was made up of Judges from the constituent territories, usually the Chief Justices who were members of the British Colonial services. They sat in the capitals of Kenya, Uganda, Zanzibar, and Tanganyika in turn. There was no permanent home for this Court and they did not have Judges of Appeal, as distinct from High Court Judges. Order in Council 1950, 1954 and 1955 set up first permanent independent Court of Appeal for Eastern Africa. The court consisted of a president, a vice president, one or more justices of Appeal and the Superior Courts of the territories.

At independence, the High Court operated in Nairobi, Mombasa and Kisumu. Later circuit courts were introduced to serve more litigants in other areas. The Court had seven serving judges with a statutory limit of 11 judges. It had three registries that registered all cases.

The Constitution of Kenya 2010 provides for a hierarchical structure of Kenya’s Court System. The system consists of two levels of courts; the superior and subordinate courts. It establishes the Supreme Court as the apex court in the land and the Court of Appeal, as the second highest, in the hierarchy. The other superior courts are the High Court, the Employment and Labour Relations Court (ELRC) and Environment and Land Court (ELC). Subordinate courts include the Magistrate Courts, Court Martial, Kadhis Courts, Small Claims Court and any other courts or local Tribunals as may be established by an Act of Parliament. Later in 2011, the court was relocated to the East African Community Building, Currently Milimani Law Courts building