The Chief Justice, in exercising the authority granted under Section 11 of the High Court (Organization and Administration) Act, 2015, has instituted the Civil Appellate Division of the High Court at the Milimani Law Courts.

The Chief Justice, in accordance with the Act, may establish various divisions such as the Family and Children Division, the Commercial Division, the Admiralty Division, the Civil Division, the Criminal Division, the Constitution Division, the Judicial Review Division, or any other division following the counsel of the Principal Judge and based on the assessment of the number of judges at a particular location and the associated workload.

The creation of the Civil Appellate Division does not alter the jurisdiction of the High Court as defined by the Constitution. This division is part of the High Court and is not classified as a court of equal standing to the High Court, as specified in Article 162 (2) of the Constitution of Kenya, 2010. Consequently, the procedural rules applicable to the High Court will govern the proceedings and processes within this division.

The High Court has appellate jurisdiction to hear and determine appeals from the subordinate courts and tribunals. As a result, civil appeals concerning decisions made by the Subordinate Courts and Tribunals located at the Milimani Law Courts in Nairobi will now be submitted to the High Court Civil Appellate Division. The Civil Appellate will relieve the High Court Civil Division from the appeals arising from the Subordinate Courts and Tribunal which would alleviate the caseloads in the High Court Civil Division at Milimani Law Courts.  The creation of the Civil Appellate Division is a positive development, as it will allow the Civil Division of the High Court to expedite cases, thereby improving access to justice for those involved in litigation.