Our History

The origin of the Court can be traced back to the establishment of the Court of Appeal for Eastern Africa (EACA) by the Order-in-Council 1902. , It served as a regional court for British colonies and protectorates in East Africa. It operated within a dual court system, distinguishing between general colonial law and indigenous African dispute resolution systems.

Mombasa Court of Appeal

Originally covering Kenya, Uganda, and Tanganyika, the court’s jurisdiction expanded to include Zanzibar, the Seychelles, the Aden Colony, and the Somaliland Protectorate. Judges were appointed by the Queen of Great Britain and served at her discretion. Over time, the EACA became the highest appellate court for these regions, with appeals from High Courts requiring its consideration before reaching the Judicial Committee of the Privy Council in the United Kingdom.

Though headquartered at the Nairobi Law Courts, the EACA operated independently of Kenya’s judiciary. Following the dissolution of the East African Community, the Court of Appeal of Kenya was formally established on 28th October, 1977 through the Constitution of Kenya (Amendment) Act, 1977. It became the highest appellate court in Kenya until the establishment of the Supreme Court after the promulgation of the Constitution of Kenya 2010.

Since its establishment, it was centrally based in Nairobi and conducted  circuit sessions in its sub-registries in Mombasa, Nyeri, Nakuru, Eldoret and Kisumu. In 2012, the Court was decentralized with permanent stations established in Mombasa, Nyeri, and Kisumu, and sub-registries in Nakuru, Eldoret, and Malindi. Currently the Court has  stations Nairobi, Mombasa, Kisumu, Nyeri, Nakuru, Eldoret and Meru with sub-registries in Busia, Kisii, Kakamega, and Garissa.  

The Court of Appeal continues to play a pivotal role in shaping jurisprudence locally and  internationally.