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05 Thu Mar 2026

About The Court

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Welcome to Court of Appeal

About The Court

The Court of Appeal is the second highest Court in the judicial system. The Court of Appeal is a collegial court meaning it operates through a multi member decision making process. The bench usually comprises an odd number of three judges, however situations may arise where the Court may comprise of an expanded bench of more than three judges. 

Vision

The ultimate custodian of the appellate justice delivered with fairness, ease of access, integrity, effectiveness, responsiveness, transparency and accountability to all

Mission

To uphold the Constitution of Kenya, the rule of law, advance indigenous and robust jurisprudence that can be bench marked regionally and globally and provide access to appellate justice for all

Core Values

IndependenceProfessionalism
IntegrityCollegiality
CommitmentTransparency
Accountability

 

Court Of Appeal

Mandate

Mandate

The Court of Appeal is mandated to administer appellate justice through hearing of appeals from the High Court, Courts of equal status and tribunals as may be prescribed by an Act of Parliament. The Court of Appeal discharges this mandate…
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Jurisdiction

Article 164(3) confers the Court of Appeal jurisdiction to hear appeals from the High Court or any other court or tribunal as prescribed by an Act of Parliament.  The exercise of jurisdiction by the Court of Appeal is underpinned by…
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History

The Court of Appeal for Eastern Africa (EACA), was established in 1902. It was originally set up in 1950 by the 1902 Order-in-Council as a regional court. This establishment was in response to the demand for institutions to help administer…
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Court Of Appeal

Jurisdiction

About The Court

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The Court of Appeal

Jurisdiction

Article 164(3) confers the Court of Appeal jurisdiction to hear appeals from the High Court or any other court or tribunal as prescribed by an Act of Parliament. 

The exercise of jurisdiction by the Court of Appeal is underpinned by the principles enshrined in Article 159 of the Constitution which provides that:

  1. Judicial authority is derived from the people and vests in, and shall be exercised by, the courts and tribunals established by or under this Constitution.
  2. In exercising judicial authority, the courts and tribunals shall be guided by the following principles—
  3. a) justice shall be done to all, irrespective of status;
  4. b) justice shall not be delayed;
  5. c) alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to article 159 clause (3);
  6. d) justice shall be administered without undue regard to procedural technicalities; and
  7. e) the purpose and principles of this Constitution shall be protected and promoted.

The practice and procedure of the Court is regulated by the Appellate Jurisdiction Act Cap 9 while its administrative procedures are guided by the Court of Appeal (Organisation and Administration) Act 2015.

Court Of Appeal

History

Court Of Appeal Jurisdiction

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The Court of Appeal

History

Court Of Appeal History

The Court of Appeal for Eastern Africa (EACA), was established in 1902. It was originally set up in 1950 by the 1902 Order-in-Council as a regional court.

This establishment was in response to the demand for institutions to help administer colonies. EACA is arguably one of the oldest shared resources among various East African countries and other British protectorates. EACA was created amid the complex colonial and African traditional setting. There was a dual system of courts where one court was to administer the general law established by the colonial administration and the other, to settle disputes arising among members of the indigenous African population. Initially, the court’s jurisdiction was limited to the three East African territories but later, it was extended to other British colonies. Ultimately, it covered the colony and the protectorate of Tanganyika, the Uganda and Zanzibar protectorates, the colony of Aden, the colony of Seychelles and the Somaliland protectorate.

The court consisted of a president, vice president, one or more justices of appeal and the superior courts of the territories. They were appointed by the Queen of Great Britain and served at her pleasure. After the independence of most of these countries, the EACA became the highest court as far as determining appeals was concerned. At one time, it was the highest court in the land as well as a court where all appeals were filed and determined. For instance, appeals from the High Court ended in the Judicial Committee of the Privy Council. Direct appeals to the Privy council in the UK were not allowed except through EACA where one had to first make his/her appeal. Although domiciled in Nairobi law courts building, the court was administered independently of the Judiciary of Kenya.

The disintegration of the East African Community resulted in the establishment of the Court of Appeal of Kenya on October 28th, 1977 as the highest court in Kenya after the Constitution of Kenya Amendment Act (1977). From this time, the court was permanently stationed in Nairobi and operated as a circuit court when hearing appeals from its other sub-registries. The court was decentralized in 2012 to Mombasa, Nyeri and Kisumu. It had sub-registries in Nakuru, Eldoret and Malindi. The Court of Appeal boasts of a rich history that has seen it grow jurisprudence, shaping the legal-political as well as socioeconomic dynamics underpinning the East African region and beyond.