iv. Judiciary
The Judiciary plays a particular role in the housing value chain, specifically in resolving disputes that arise within the value chain.
Last updated
The Judiciary plays a particular role in the housing value chain, specifically in resolving disputes that arise within the value chain.
Last updated
The Judiciary is a critical actor in the housing value chain as it is the entity mandated to resolve legal disputes that arise over land ownership or any contractual disputes in the entire value chain (including construction, financing or sale).
The Kenyan Judicial system is set out as follows:
The various courts and Control Boards relevant to affordable housing are shown below, in order of hierarchy.
Magistrates Court: These courts are the most accessible and have existed for many decades. They form the first port of call to listen to disputes relating to land and environmental issues. The Magistrates Courts only deal with matters of land valued at less than Kshs. 20 million, however, matters not resolved here can be taken to the Environmental and Land Court.
Land Acquisition Tribunals were provided in law in 2019 to hear disputes arising from compulsory acquisition of land by the government. The Tribunals have the status of inferior/magistrates courts, with their decisions being appealed at the Environment and Land Court.
National Environment Tribunals: These listen to appeals against Environmental Impact Assessment (EIA) decisions made by NEMA, and those made by the Kenya Forest Service and the Kenya Wildlife Service.
Environment and Land Court: These are specialized courts established in 2012, with the status of the High Court, which handles disputes over land and environment. As of August 2024, there were 37 ELC court stations and 53 judges of the Court in various parts of the country. A dispute may be lodged directly at the ELC at first instance or as an appeal from either the Magistrates Court or other tribunals such as (in principle) the Land Acquisition Tribunal. This court typically deals with land disputes whose value exceeds Kshs. 20 million. However, they also enjoy original jurisdiction and hear land and environmental disputes at first instance (irrespective of value).
High Court: The High Court is conferred with original jurisdiction to deal with all matters (save for, land and environmental disputes). Accordingly, disputes over contractual matters and other commercial matters would ordinarily be resolved at the High Court, with appeals lying to the Court of Appeal.
Court of Appeal: These listen to appeals from the Environment and Land Courts as well as the High Court. They have registries in 6 locations (Nairobi, Mombasa, Kisumu, Eldoret, Nakuru and Nyeri) though they occasionally hold sittings in other major towns.
Supreme Court: This apex court listens to appeals from the Court of Appeal, but only in disputes where a constitutional issue has been raised, or in matters which have been certified by either the Court of Appeal or the Supreme Court itself, as being of general public importance. The Supreme Court is in Nairobi.
Note: The Land Control Board, which is mandated to regulate dealings in agricultural land by granting or denying consent to transact in agricultural land is under the Ministry of Lands and Physical Planning and is not part of the Judiciary.
