The Judiciary has commended the enactment of the Magistrates Courts (Amendment) Act, 2026, describing it as a major milestone in the implementation of the reform commitments made by the Chief Justice, Dr. Flavian Zeija.
The Act, which was assented to on April 29th, 2026, and commenced on May 8th, 2026, amends the Magistrates Courts Act, Cap. 19, to increase the pecuniary jurisdiction of Magistrates Courts, enhance the powers of magistrates to impose higher fines, abolish the position of Magistrate Grade II, provide for the designation of magisterial areas, and introduce transitional provisions for affected cases.
Under the Act, the civil jurisdiction of Chief Magistrates has been increased from 50 million shillings to 10,000 currency points 200 million shillings), while Magistrates will now handle matters whose subject matter does not exceed 5,000 currency points ( 100 million shillings)
According to the statement from the Judiciary issued on Sunday, the expanded jurisdiction means that more disputes will be resolved at the Magistrates’ Courts level, reducing the burden on the High Court and enabling court users to access justice nearer to their communities.
The Judiciary says the reform is significant because Magistrates’ Courts are the first point of contact for the majority of justice seekers. By empowering these courts to handle more matters, the Judiciary is reducing the need for litigants to travel long distances, cutting the cost of litigation, and supporting faster disposal of cases.
This is in line with the Chief Justice’s pledge to make the Judiciary more accessible and responsive to the needs of ordinary people.
The Judiciary further states that this also supports the Chief Justice’s commitment to reduce case backlog by ensuring that cases are handled at the most appropriate level of the court system.
The Act also empowers the Chief Justice, acting on the advice of the Judiciary Council and by statutory instrument, to designate magisterial areas and Magistrates Courts for purposes of the effective administration of justice. This will strengthen planning, deployment, and coordination of court services across the country, in line with the Chief Justice’s commitment to decentralise court services and improve service delivery.
In addition, the amendment streamlines the structure of Magistrates’ Courts by providing for two ranks of magistrates: Chief Magistrate and Magistrate. It abolishes the position of Magistrate Grade II and makes consequential amendments by replacing references to “Magistrate Grade I” with “Magistrate” and deleting references to “Magistrate Grade II” in the principal Act and other enactments.
The Act further introduces a new provision empowering Chief Magistrates Courts to withdraw and transfer cases, including transferring appropriate matters to the High Court or reallocating matters among magistrates within the same court or magisterial area where a just cause exists.
This provision is expected to improve case flow management, promote flexibility in court administration, and support the timely disposal of matters.
To ensure a smooth transition, the Act provides that certain pending matters before the High Court or Chief Magistrates Courts may be transferred to the appropriate Magistrates Court where hearing has not commenced, or where the court is satisfied that such transfer would be fair. The Chief Justice is also mandated to issue practice directions on the transfer of such cases.
The Judiciary has called upon judicial officers, advocates, court users, the general public, and justice sector actors to support the implementation of the Act and make full use of the expanded jurisdiction of Magistrates Courts.
