Litigation can be a complex and time-consuming process, requiring the assistance of a qualified advocate to navigate the legal system effectively. Here is an overview of the court system and legal procedures in Kenya:
The Court System in Kenya:
- Magistrates’ Courts: These courts handle civil and criminal cases of a lower monetary value or less serious nature.
- High Court: This is the main superior court in Kenya and has jurisdiction over civil and criminal cases of a higher value and complexity.
- Court of Appeal: This court hears appeals from the High Court and other lower courts.
- Supreme Court: This is the highest court in Kenya and has final appellate jurisdiction in all matters.
Legal Procedures in Kenya:
- Pleadings: The first stage in any legal action is the filing of pleadings, which are written documents setting out the claims and defences of the parties involved.
- Discovery: This is the process of gathering evidence and information from the other party through various methods, including written questions, requests for documents, and depositions.
- Pretrial Conferences: The court may hold a pretrial conference to help the parties identify issues, streamline evidence, and discuss possible settlements.
- Trial: The trial is the main stage of litigation, where evidence is presented, witnesses are examined and cross-examined, and arguments are made.
- Judgement: The judge will make a decision based on the evidence presented and the law applicable to the case.
- Appeal: If a party is dissatisfied with the judgement, they may file an appeal to a higher court.
- Enforcement: If the judgement is in favour of the party, they may have to take steps to enforce the judgement, such as seeking an order to seize assets or garnish wages.