Understanding Tribunals in Kenya
HOW ARE TRIBUNALS ESTABLISHED?
Tribunals in Kenya are established under Article 169(1)(d) of the Constitution of Kenya, 2010, which provides that subordinate courts include "any other court or local tribunal as may be established by an Act of Parliament." The Constitution therefore recognises two categories of tribunals. First, those that are part of the Judiciary under Article 169(1)(d); these are adjudicative bodies that exercise judicial or quasi-judicial power and are subordinate to the superior courts. Second, administrative or regulatory bodies that do not exercise adjudicative power; these fall outside the constitutional definition of local tribunals.
Property & Land Registry Division
1. Business Premises Rent Tribunal (BPRT)
Establishment: Section 11 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301).
Jurisdiction: Exclusive original jurisdiction over commercial leases classified as "controlled tenancies" (e.g., shops or restaurants with no written lease, or written leases under 5 years). Hears disputes regarding rent adjustments, terminations, and evictions.
Effect of Judgement: Orders are binding on landlords and tenants. For enforcement, decrees are registered in the Magistrate's Court or High Court to facilitate physical eviction or the distress for rent process (property seizure) via licensed auctioneers.
2. Rent Restriction Tribunal (RRT)
Establishment: Section 4 of the Rent Restriction Act (Cap 296).
Jurisdiction: Exclusive original jurisdiction over residential standard tenancies where the monthly rent does not exceed a legally set statutory ceiling. Adjudicates unlawful rent increments, illegal utility cutoffs, tenant lockouts, and landlord repossession applications.
Effect of Judgement: Operates as an order of a Magistrate Court of the First Class. Any party violating an order (such as a landlord cutting off water or breaking a padlock) commits a criminal offence punishable by fines or imprisonment.
3. Land Acquisition Tribunal
Establishment: Section 133A of the Land Act (No. 6 of 2012), inserted via the Land Value Amendment Act (2019).
Jurisdiction: Original and appellate jurisdiction over disputes arising from the compulsory acquisition of private land by the National Land Commission (NLC) for public infrastructure. Rules on the fairness of market evaluations, title mapping boundaries, and compensation payment delays.
Effect of Judgement: Under Section 133F of the Land Act, 2012, a decree or order of the Tribunal is actually enforceable as a decree of the Environment and Land Court (ELC).
4. National Environment Tribunal (NET)
Establishment: Section 125 of the Environmental Management and Co-ordination Act (EMCA, Cap 387).
Jurisdiction: Appellate jurisdiction to review administrative decisions, stop-orders, fines, or environmental restoration notices issued by the National Environment Management Authority (NEMA). Evaluates contested Environmental Impact Assessment (EIA) licenses.
Effect of Judgement: Filing an appeal automatically operates as a stay of execution, legally freezing the contested project or NEMA order until the tribunal makes its final ruling. Appeals go directly to the Environment and Land Court.
5. Water Tribunal
Establishment: Section 119 of the Water Act (No. 43 of 2016).
Jurisdiction: Original and appellate jurisdiction over multi-county water right disputes, conflicts between local public Water Service Providers (WSPs), and public challenges to water abstraction permits issued by the Water Resources Authority (WRA).
Effect of Judgement: Orders are binding and final regarding technical licensing, unless a judicial review application or formal statutory appeal is filed with the Environment and Land Court within 30 days.
Commercial & Financial Registry Division
6. Tax Appeals Tribunal (TAT)
Establishment: Section 3 of the Tax Appeals Tribunal Act (No. 40 of 2013).
Jurisdiction: Strict appellate jurisdiction over tax assessments, administrative penalties, and customs valuations issued by the Commissioner-General of the Kenya Revenue Authority (KRA). Litigants must first have filed a formal internal "Objection Decision" with the KRA.
Effect of Judgement: A final order determines the tax liability owed. Once registered, KRA may execute the judgement using its statutory agency notices (directly freezing bank accounts). Appeals proceed to the High Court (Commercial and Tax Division).
7. Capital Markets Tribunal
Establishment: Section 35A of the Capital Markets Act (Cap 485A).
Jurisdiction: Appellate jurisdiction to hear complaints against administrative bans, insider trading fine structures, or operational license rejections imposed by the Capital Markets Authority (CMA) against public listing firms or brokerage agents.
Effect of Judgement: Possesses the same execution powers as a first-class magistrate's court. Rulings may be appealed to the High Court on matters of law.
8. Competition Tribunal
Establishment: Section 71 of the Competition Act (No. 12 of 2010).
Jurisdiction: Appellate jurisdiction to review anti-monopoly fines, restrictive market practice orders, cartel behavior blocks, or consumer protection directives issued by the Competition Authority of Kenya (CAK).
Effect of Judgement: Rulings carry immediate regulatory weight. Unexecuted monetary penalties operate as civil debts recoverable by the state. Appeals fall within the High Court framework.
9. Co-operative Tribunal
Establishment: Section 76 of the Co-operative Societies Act (Cap 490).
Jurisdiction: Exclusive original jurisdiction over internal civil governance disputes, financial recovery claims, asset misallocation, and structural membership conflicts within registered SACCOs and Co-operative societies. Holds no pecuniary limit.
Effect of Judgement: Under Section 81(1) of the Co-operative Societies Act (Cap 490), any award or order made by the Tribunal is registered for enforcement with the High Court directly, regardless of the pecuniary (monetary) value, and it is executed as a decree of that court.
10. Financial Centre Tribunal
Establishment: Section 23 of the Nairobi International Financial Centre Act (No. 25 of 2017).
Jurisdiction: Original and appellate jurisdiction over international business vehicle disputes, specialized asset transactions, and compliance rejections within the designated Nairobi International Financial Centre (NIFC) zone.
Effect of Judgement: Operates under international commercial litigation standards. Rulings are binding on multinational corporate parties, with an appeals pathway open to the High Court.
11. Micro and Small Enterprises Tribunal (MSET)
Establishment: Section 54 of the Micro and Small Enterprises Act (No. 55 of 2012).
Jurisdiction: Original jurisdiction over commercial, operational workspace, or jua kali market infrastructure allocation disputes impacting registered micro and small business owners.
Effect of Judgement: Carries the weight of a subordinate court decree. Judgements may enforce local worksite repossessions or resolve financial partnership breaches within the informal sector.
12. Public Private Partnerships (PPP) Petition Committee
Establishment: Section 75 of the Public Private Partnerships Act (No. 14 of 2021).
Jurisdiction: Administrative review jurisdiction to hear complaints and procurement petitions filed by private consortiums regarding the evaluation, tendering, or awarding of major state infrastructure contracts.
Effect of Judgement: May nullify an entire multibillion-shilling government tendering process, order a complete re-evaluation of bids, or dismiss the private investor's petition.
Socio-Political & Civil Rights Registry Division
13. HIV and AIDS Tribunal (HAT)
Establishment: Section 25 of the HIV Prevention and Control Act (No. 14 of 2006).
Jurisdiction: Exclusive original civil jurisdiction over human rights infractions stemming from privacy disclosure breaches, forced testing, profiling, or employment/educational discrimination based on actual or perceived HIV status.
Effect of Judgement: May issue permanent injunctions, order workplace reinstatement, and award general/compensatory financial damages to victims. Decrees are fully enforceable as standard civil court orders.
14. Political Parties Disputes Tribunal (PPDT)
Establishment: Section 39 of the Political Parties Act (No. 11 of 2011).
Jurisdiction: Exclusive original jurisdiction over inter-party coalition rifts, unprocedural party list nomination alterations, and primary outcome disputes. Also holds appellate jurisdiction over decisions made by the Registrar of Political Parties.
Effect of Judgement: Orders carry significant constitutional urgency. Decisions directly determine whose name appears on the official Independent Electoral and Boundaries Commission (IEBC) ballot paper. Under Section 41 of the Political Parties Act (No. 11 of 2011), an appeal from a decision of the PPDT lies to the High Court on points of law, and that decision must be rendered within 14 days. A further, final appeal can then be taken to the Court of Appeal if necessary. Bypassing the High Court tier is a common procedural trap.
15. Sports Disputes Tribunal (SDT)
Establishment: Section 55 of the Sports Act (No. 25 of 2013).
Jurisdiction: Arbitral and original jurisdiction over leadership disputes, anti-doping policy infractions, and selection biases within national sports federations (e.g., Football Kenya Federation or Athletics Kenya).
Effect of Judgement: Operates as a domestic arbitral tribunal. Rulings are recognized internationally by global bodies such as FIFA or the Court of Arbitration for Sport (CAS) in Switzerland.
16. Education Appeals Tribunal
Establishment: Section 92 of the Basic Education Act (No. 14 of 2013).
Jurisdiction: Appellate jurisdiction over administrative directives issued by the Ministry of Education, including the sudden closure, suspension, or deregistration of basic primary and secondary learning facilities.
Effect of Judgement: May overturn ministerial orders, allowing a closed school to reopen immediately. Decrees are enforceable against the Ministry of Education or County Education Boards.
17. Legal Education Appeals Tribunal (LEAT)
Establishment: Section 28 of the Legal Education Act (No 27 of 2012).
Jurisdiction: Appellate jurisdiction over institutional regulation blocks, law school program freezes, or curriculum concerns raised by the Council of Legal Education (CLE).
Effect of Judgement: Orders may compel the CLE to grant an institutional training license or restore a university's right to admit Bachelor of Laws (LLB) students.
18. National Examinations Appeals Tribunal (NEAT)
Establishment: Established under Section 40B (introduced as Section 40A in the amending Bill) within Part IVA of the Kenya National Examinations Council Act (No. 29 of 2012) via the KNEC (Amendment) Act, 2015.
Jurisdiction: Appellate jurisdiction to review candidate complaints against individual or collective examination result cancellations, suspected cheating disqualifications, or grading disputes initiated by KNEC.
Effect of Judgement: May compel KNEC to release withheld student examination results or re-grade contested marks.
Regulatory & Intellectual Property Division
19. Insurance Tribunal
Establishment: Section 169 of the Insurance Act (Cap 487).
Jurisdiction: Appellate jurisdiction over statutory penalties, operational license revocations, or corporate management takeovers imposed by the Insurance Regulatory Authority (IRA).
Effect of Judgement: Equivalent to a Resident Magistrate's Court order. May lift a freeze order placed on an insurance company or confirm the IRA's enforcement actions.
20. Communication and Multi-Media Appeals Tribunal
Establishment: Section 102A of the Kenya Information and Communications Act (Cap 411A).
Jurisdiction: Appellate jurisdiction over media practitioner ethical penalties, broadcasting station shutdowns, or telecom data compliance fines issued by the Communications Authority (CA) or the Media Council of Kenya.
Effect of Judgement: Orders carry civil enforcement force. Rulings may restore transmission frequencies or block regulatory fines.
21. Copyright Tribunal
Establishment: Section 48 of the Copyright Act (Cap 130).
Jurisdiction: Original and arbitral jurisdiction over royalty rate structures, licensing tariff allocations, and financial distribution disputes involving artists and Collective Management Organisations (CMOs such as MCSK).
Effect of Judgement: Establishes legally enforceable royalty collection tariffs across the broadcasting and entertainment industry.
22. Industrial Property Tribunal
Establishment: Section 113 of the Industrial Property Act (No. 3 of 2001).
Jurisdiction: Original jurisdiction over technological patent theft, industrial layout utility design breaches, and commercial trademark/patent counterfeiting claims.
Effect of Judgement: May issue permanent injunctions halting the manufacturing of a product and award substantial damages for patent infringements.
23. National Civil Aviation Administrative Review Tribunal (NCAART)
Establishment: Section 66 of the Civil Aviation Act (No. 21 of 2013).
Jurisdiction: Appellate jurisdiction over aviation license denials, air carrier certification blocks, airworthiness grounding orders, or airline consumer rights infractions issued by the Kenya Civil Aviation Authority (KCAA).
Effect of Judgement: May overturn an aviation safety ban or restore a pilot's license; judgements are reviewable by the High Court.
24. Transport Licensing Appeals Board (TLAB)
Establishment: Section 39 of the National Transport and Safety Authority Act (No. 33 of 2012).
Jurisdiction: Appellate jurisdiction to review matatu/commercial route allocation blocks, vehicle fleet bans, or transport license cancellations imposed by the NTSA.
Effect of Judgement: Commands binding compliance from the NTSA, allowing transport operators to resume services unless stayed by a High Court appeal.
25. Standards Tribunal
Establishment: Section 16A of the Standards Act (Cap 496).
Jurisdiction: Appellate jurisdiction to review standardization mark denials, industrial batch seizures, or quality control penalties issued against manufacturers by the Kenya Bureau of Standards (KEBS).
Effect of Judgement: Determines whether goods are legally permitted for market entry or must be destroyed.
26. Energy and Petroleum Tribunal
Establishment: Section 25 of the Energy Act (No. 1 of 2019).
Jurisdiction: Original and appellate jurisdiction over downstream oil grid pipeline allocations, consumer electricity tariff disputes, and operational licensing rejections initiated by the Energy and Petroleum Regulatory Authority (EPRA).
Effect of Judgement: Possesses the full execution status of a High Court decree. Appeals bypass lower courts and proceed directly to the Court of Appeal.
27. Public Benefit Organizations (PBO) Disputes Tribunal
Establishment: Section 50(1) of the Public Benefit Organizations Act (No. 18 of 2013).
Jurisdiction: Complaints and appeals arising from any breach of the Act, including the refusal of registration, suspension, or cancellation of a registration certificate by the PBO Authority.
Effect of Judgement: Decisions carry powers similar to those of a Magistrate's Court and are final and binding on all parties, unless a party institutes judicial review within 14 days of the decision.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. Reading or relying on the contents of this article does not create an advocate-client relationship with our firm. For advice regarding your specific situation, please contact us to obtain legal advice with respect to any particular legal matter.
By Ivy Ndirangu