This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Kenya (Jamhuri ya Kenya), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Kenya's Constitution, Islamic law (sharīʿa or fiqh) has legal status.
Country Background
Kenya is a country located in Eastern Africa, bordering the Indian Ocean. Kenya is part of the African Great Lakes region, and is bounded by South Sudan, Somalia, Ethiopia, Uganda, and Tanzania. The capital of Kenya is Nairobi. The official languages are Kiswahili and English. The country's population in 2017 was approximately 47.6 million. Kenya is a predominantly Christian country, with about 83% of the population Christian and 11% Muslim. Kenya requested full membership in the Organisation of Islamic Cooperation in 2011.
Constitution & Legal Structure
Kenya is referred to as a presidential republic, in which sovereignty belongs to the people and the Constitution is the supreme law of the land. The current Constitution of Kenya was adopted in 2010. The system of government is based on principles of separation and checks and balances and has three branches: legislative, executive, and judicial. The Constitution established two categories of courts: superior courts (which are composed of the Supreme Court, the Court of Appeal, and the High Court) and the subordinate courts (which include the Magistrates Courts, the Kadhis' Courts (sharīʿa courts), Court Martial, and any other court or tribunal as may be established by an Act of Parliament). The legal system of Kenya is a mixed legal system based primarily on English common law. Islamic legal traditions and customary laws/traditions have also influenced the Kenyan legal system.
Constitutional Status of Islamic Law
Islamic law has constitutional status in Kenya. Islamic law can be applied through the Kadhis' Courts when all parties are Muslim. It is only applicable in matters of personal status.
Jurisdiction(s) of Islamic Law
Islamic law has official jurisdiction of operation in Kenya in the Kadhis' Courts. Under Article 170, Section 5 of the Constitution, the jurisdiction of the Kadhis’ Courts is limited to matters relating to "personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts."
Dominant School of Islamic Law
Kenya has no official school of Islamic law. The majority of Muslims in the country are Sunnī (adhering to the Shāfiʿī school).
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English and Arabic translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].