Can a magistrate's court hear a human rights case?
Constitution of Kenya and Magistrates' Courts Act, 2015 · sources read 4 Oct 2026
Yes, but only for two rights: freedom from torture and cruel, inhuman or degrading treatment or punishment, and freedom from slavery or servitude. Other Bill of Rights cases go to the High Court, and a magistrate's court cannot award compensation for a rights violation.
- Where
- A magistrate's court for torture, cruel treatment, slavery or servitude claims; the High Court for all other Bill of Rights cases
Steps
- For a claim about torture or cruel, inhuman or degrading treatment, or about slavery or servitude, you can file at a magistrate's court.
- For any other right in the Bill of Rights, or to claim compensation, go to the High Court.
- No fee may be charged to start a Bill of Rights case.
Watch out
- A magistrate's court cannot award compensation for loss or damage caused by a rights violation.
- These cases are also subject to the money limit of the magistrate hearing them: KSh 20 million for a chief magistrate, 15 million for a senior principal, 10 million for a principal, 7 million for a senior resident and 5 million for a resident magistrate.
Who this covers
- Anyone who claims a right in the Bill of Rights has been denied, violated or threatened.
Official sources (2)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Magistrates' Courts Act, 2015 (No. 26 of 2015) new.kenyalaw.org · read 4 Oct 2026