JURISDICTION AND STRUCTURE OF COURTS Jurisdiction of Courts in Criminal Matters

Magistrates’ Courts 1. The jurisdiction of Magistrates’ Courts is conferred by the CPC, and the Magistrates’ Courts Act (s. 6, Magistrates’ Courts Act). In practice, all crimes are heard by the Magistrates’ Court in the first instance (see para. 4, below) with the exception of a few offences reserved for the High Court by law, namely murder, treason, genocide, war crimes, and crimes against humanity. 2. The fifth column of the First Schedule of the CPC sets out the different grades of the Magistrates’ Court in which a particular offence created by the Penal Code (PC) is to be heard (s. 4, CPC). Further, section 7 of the CPC sets the limits of pecuniary jurisdiction and terms of imprisonment that may be imposed by different grades of the Magistrates’ Courts. There are other statutes which give criminal jurisdiction to Magistrates’ Courts for offences under those statutes. These include the Contempt of Court Act, Children Act, Sexual Offences Act, Anti- Corruption and Economic Crimes Act, and the Traffic Act. Where a statute creates offences and does not specify the court that has jurisdiction to try those offences, the High Court or a subordinate court of the first class, that is, one presided over by a Chief Magistrate, a Senior Principal Magistrate, a Principal Magistrate, or a Senior Resident Magistrate, may try the offence (s. 5(2), CPC; Attorney-General v Mohamud3. Additionally, Magistrates’ Courts have limited jurisdiction to hear and determine claims of denial, violation or infringement of, or threat to the right to freedom from torture and cruel, inhuman or degrading treatment or punishment, and to freedom from slavery or servitude (s. 8(1), Magistrates’ Courts Act; art. 23(2), CoK). Such claims may arise in the criminal trial process. The court may make a declaratory order or is an injunction or make a conservatory order (art. 23(3), CoK). In the case of the magistrates’ courts, this jurisdiction does not extend to hearing and determining claims for compensation for loss or damage suffered as a result of a violation, infringement or denial of a right or fundamental freedom in the Bill of Rights (s. 8(3), Magistrates’ Courts Act).