Original and appeal jurisdiction across the eight EAC Partner States, explained in plain language.

Contents

Who hears a civil case in East Africa?

Burundi: residence courts through the Supreme Court

DRC: trial courts, appeal courts and cassation

Kenya: broad first-instance access, limited final appeals

Rwanda: a mixed original and appellate ladder

Somalia: a new constitutional structure

South Sudan: national and state-level pathways

Tanzania: primary courts and a two-part union structure

Uganda: magistrates, High Court and two appellate courts

The regional court is not a national appeal court

How to read a court citation and find the right forum

Who hears a civil case in East Africa?

A civil dispute does not go to the same level of court in every East African country. A neighbour’s boundary claim, an unpaid invoice and an appeal from a judgment may each begin in different places, depending on the value, subject and applicable law. The first question is not simply “Which court is highest?” It is “Which court has authority to hear this kind of claim at this stage?”

This training guide compares the ordinary civil court pathways in the eight East African Community (EAC) Partner States: Burundi, the Democratic Republic of the Congo (DRC), Kenya, Rwanda, Somalia, South Sudan, Tanzania and Uganda. The EAC’s own court is not a ninth national civil court. It deals with questions under the EAC Treaty and hears appeals from its own First Instance Division; it is not a general appeal court for domestic judgments.

“Original jurisdiction” means authority to hear a dispute first and make findings on the facts and law. “Appellate jurisdiction” means authority to review a decision already made by a lower court. A court may have both. A “cassation” appeal, found in civil law systems such as the DRC and Burundi, usually tests whether the lower court applied the law correctly; it is not ordinarily a fresh trial of all the evidence. Review is also different: it is a limited procedure to correct specified errors or exceptional injustice, not a spare appeal whenever a party is unhappy.

These are the main routes, not every specialist tribunal or exception. Subject matter, claim value, territory and the order appealed can change the proper forum. The article reflects law in force as at 1 October 2026, using official materials where accessible.

Burundi: residence courts through the Supreme Court

Path: Tribunal de résidence → Tribunal de grande instance → Cour d’appel → Cour suprême (cassation under statutory rules).

Burundi’s ordinary civil pathway begins in the Tribunal de résidence (residence court), moves to the Tribunal de grande instance (High Court of First Instance), and then to a Cour d’appel (Court of Appeal). The Cour suprême (Supreme Court) stands above the ordinary courts, with a judicial chamber that hears cassation matters. In simple terms, lower courts hear many everyday disputes; the higher courts hear appeals within the limits fixed by the Code of Judicial Organisation and Jurisdiction.

The current framework is Organic Law No. 1/26 of 26 December 2023, amending Law No. 1/08 of 17 March 2005. It assigns civil matters to residence courts and High Courts of First Instance, gives Courts of Appeal civil appellate functions, and provides specialized commercial and labour courts. The Supreme Court’s cassation chamber is not another routine factual appeal. Rural land disputes have particular appeal rules, so a litigant should check the current statutory route before assuming that every decision can be carried upward in the same way. The Constitution of 7 June 2018 supplies the constitutional setting; the 2023 organic law supplies much of the practical allocation.

French case records retain names such as “Cour d’appel” (Court of Appeal) and “Tribunal de résidence” (residence court). The name alone does not tell whether the matter is original, appellate or cassation work; read the decision’s opening and final orders.

DRC: trial courts, appeal courts and cassation

Path: Tribunal de paix → Tribunal de grande instance → Cour d’appel → Cour de cassation. Commercial and labour courts may enter at first instance.

The ordinary judicial order in the DRC is built from Tribunaux de paix (peace courts), Tribunaux de grande instance (courts of first instance), Cours d’appel (Courts of Appeal) and the Cour de cassation (Court of Cassation). A civil case may begin in a peace court where the law assigns it there, or in a court of first instance for matters outside the peace court’s jurisdiction. Specialized commercial and labour courts also handle disputes within their statutory remit.

Organic Law No. 13/011-B of 11 April 2013 organizes and allocates jurisdiction among these courts. Its Articles 112 to 115 provide an illustrative route: a court of first instance hears appeals from first-instance peace-court judgments, and a Court of Appeal hears appeals from first-instance judgments of the courts of first instance and specified commercial or labour courts. The Court of Cassation hears cassation applications against final civil, commercial and social decisions for violations of law, treaty or custom. That distinction matters: cassation is principally a legality review, not a third full hearing of the dispute.

The Constitution of 18 February 2006, as amended, separates judicial and administrative orders. The Cour de cassation is the top court for ordinary civil justice; the Conseil d’État belongs to administrative justice. A claim for money against a public authority may still be administrative, depending on its legal basis.

Kenya: broad first-instance access, limited final appeals

Path: Magistrates’ or specialist court → High Court → Court of Appeal → Supreme Court (limited appeal).

Kenya’s superior courts include the Supreme Court, the Court of Appeal, the High Court, the Employment and Labour Relations Court and the Environment and Land Court. The High Court has unlimited original civil jurisdiction under Article 165 of the Constitution, subject to the jurisdiction reserved to the specialist superior courts. Many claims begin instead in Magistrates’ Courts, whose civil authority is capped by the Magistrates’ Courts Act, 2015 and depends on the magistrate’s rank. Kadhis’ Courts hear specified personal-law disputes where the constitutional conditions are met.

A common route is Magistrates’ Court to High Court, then to the Court of Appeal where an appeal is allowed. An appeal to the Supreme Court is much narrower: it lies as of right in a matter involving interpretation or application of the Constitution, or with certification that a matter of general public importance is involved. The Court of Appeal has no general original civil jurisdiction; its role is appellate. Specialized courts have their own appeal paths, and the statute governing a particular dispute may determine which superior court hears the appeal.

A familiar Kenyan citation is Samuel Kamau Macharia and Another v Kenya Commercial Bank Limited and Two Others, Civil Application No. 2 of 2011, [2012] KESC 8 (KLR). “KESC” means Kenya Supreme Court; “KLR” means Kenya Law Reports. The case is often used to teach that jurisdiction must come from the Constitution or legislation. Another familiar format is Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd, Civil Appeal No. 50 of 1989, [1989] KECA 48 (KLR): “KECA” identifies the Kenya Court of Appeal. A citation is a locator, not a substitute for checking what the case actually decided.

Rwanda: a mixed original and appellate ladder

Paths: Ordinary: Primary → Intermediate → High Court → Court of Appeal → Supreme Court. Commercial: Commercial Court → Commercial High Court → Court of Appeal.

Rwanda’s Constitution, revised in 2023, recognizes ordinary and specialized courts. The ordinary pathway runs from Primary Courts to Intermediate Courts, then to the High Court, the Court of Appeal and the Supreme Court. Primary Courts hear original civil matters within the limits set by law. Intermediate Courts hear both original matters and appeals from Primary Courts. The High Court also has both original and appellate jurisdiction in civil, criminal and administrative matters. The Court of Appeal hears appeals from the High Court and the Commercial High Court. The Supreme Court is the highest court, with jurisdiction defined by the Constitution and legislation.

Commercial disputes follow a specialized route: Commercial Courts exercise original jurisdiction, while the Commercial High Court hears commercial appeals. The Judiciary’s official structure page describes 12 Intermediate Courts, 41 Primary Courts, and the High Court’s chambers. Law No. 30/2018 of 2 June 2018 determines court jurisdiction; Law No. 012/2018 governs the organization and functioning of the Judiciary. Civil procedure is also shaped by Law No. 22/2018 relating to civil, commercial, labour and administrative procedure. A business dispute should therefore be classified before filing: “civil” does not automatically mean the ordinary Primary Court if the legislation assigns it to a commercial court.

Rwandan case numbers contain procedural and court codes. “RCA 00054/2022/TGI/MUS” is a civil appeal identifier in Judiciary materials; “RCA” marks the appeal category, while the other segments identify the file and court or origin. A Supreme Court review file may read “RS/INJUST/RC … /SC”: “INJUST” signals review for injustice, “RC” a civil case and “SC” the Supreme Court. These filing codes are jurisdiction-specific. “[2023] 1 RLR 65” means volume 1 of the 2023 Rwanda Law Reports, page 65. Bayingana et al v Ndabamenye, RS/INJUST/RC 00012/2019/SC, is thus visibly an exceptional review, not an ordinary appeal.

Somalia: a new constitutional structure

Path: First-Instance Court → State Court of Appeal (non-federal) or State/Capital High Court (federal) → Federal Supreme Court (specified appeals). Constitutional Court is separate.

Somalia’s permanent Constitution was approved by the Federal Parliament on 4 March 2026 and signed on 8 March 2026. The new constitutional text, published by the Federal Parliament’s Upper House, sets out a federal court structure in Articles 129 to 134. Its categories include the Federal Supreme Court, the Constitutional Court, High Courts, Federal Member State Courts of Appeal and Courts of First Instance. The practical route for an ordinary civil matter therefore depends on whether the dispute belongs at federal or Federal Member State level and on the implementing legislation that allocates first-instance and appeal jurisdiction.

Article 130 makes the Federal Supreme Court the highest court nationally and gives it appeals from State High Courts in specified federal matters and other listed categories. The Constitutional Court has separate constitutional powers. State courts of appeal hear non-federal appeals from first-instance courts; State High Courts hear appeals in federal matters and some further state appeals. The 2026 Constitution superseded the provisional text, so older accounts relying on Article 108 of the 2012 Constitution should be labelled historical.

The Constitution distinguishes federal and state jurisdiction, so an appeal route turns on the character of the claim. For a live dispute, confirm the current implementing law, court level, statute and deadline from the order and relevant rules.

South Sudan: national and state-level pathways

Path: County Court → High Court → Court of Appeal → Supreme Court (review/cassation where law permits).

South Sudan’s Transitional Constitution of 2011, as amended, and the Judiciary Act provide for the Supreme Court, Courts of Appeal, High Courts, County Courts and other courts created by law. The Ministry of Justice describes the national sequence as Supreme Court, Court of Appeal, High Court and County Court, alongside customary-law courts. In civil matters, the lower court with authority depends on the claim and the applicable statutory or customary law. High Courts hear appeals from County Courts, and Courts of Appeal hear appeals from High Court decisions; further review or cassation may be available at the Supreme Court under the law.

The Supreme Court has original jurisdiction over legal disputes arising under the national or state constitution, and constitutional review powers. Its other civil work includes review and cassation, which should not be confused with a first-instance suit. The Constitution leaves important details of High Court competence and appeal procedure to legislation. A court diagram is therefore only a starting point: the relevant state law, court rules and any customary-law jurisdiction must still be identified. The Justice Ministry also notes that the system includes statutory and customary courts, and that actual court availability can differ across the country.

Tanzania: primary courts and a two-part union structure

Path: Primary Court → District Court → High Court → Court of Appeal. Resident Magistrates’ Courts and the High Court also hear assigned original claims.

Tanzania’s ordinary court structure, from lower to higher, includes Primary Courts, District Courts, Courts of Resident Magistrates, the High Court and the Court of Appeal of Tanzania. Primary Courts hear original civil disputes within their statutory jurisdiction, including matters governed by customary or Islamic law. District Courts can hear original civil matters and appeals or revisions from Primary Courts. Courts of Resident Magistrates and the High Court exercise original civil jurisdiction in matters assigned by law; the High Court also hears appeals and revisions from lower courts. The Court of Appeal is the highest court and hears appeals from the High Court of Tanzania and the High Court of Zanzibar, as well as certain statutory tribunals.

Tanzania’s Union structure matters. The Court of Appeal of Tanzania is a Union-level court, while the High Court of Zanzibar is a distinct court. Some Zanzibar matters, particularly those involving Zanzibar constitutional interpretation and Kadhi courts, follow special rules. The Judiciary’s performance reports and court descriptions show that there is no single simplistic path for every civil claim. The Magistrates’ Courts Act, Civil Procedure Code and other subject-specific statutes determine the trial court, value limits and appeal route.

A current e-Maktaba citation illustrates the modern format: S.E.C. (East African) Co. Ltd v Gabriel Ponsiani Makundi, Civil Appeal No. 239 of 2024, [2026] TZCA 000239. “TZCA” means Tanzania Court of Appeal; the year and serial number identify the neutral citation. “Civil Appeal No. 239 of 2024” is the court-file number. Where a case is only an application, the label may instead say Civil Application. Those words tell the reader what procedure the court was deciding.

Uganda: magistrates, High Court and two appellate courts

Path: Magistrates’ Court → High Court → Court of Appeal → Supreme Court (where appeal is allowed). The Court of Appeal also sits as Constitutional Court.

Uganda’s superior courts are the Supreme Court, the Court of Appeal and the High Court. The Court of Appeal also sits as the Constitutional Court when hearing constitutional petitions. Below them are Magistrates’ Courts. Under the Magistrates Courts Act, a Magistrate Grade I generally hears civil claims up to UGX 20 million, and a Chief Magistrate up to UGX 50 million, subject to statutory exceptions and amendments. The High Court has unlimited original civil jurisdiction and hears appeals from Magistrates’ Courts. A civil appeal from the High Court ordinarily goes to the Court of Appeal and, where the law allows, to the Supreme Court.

The usual sequence is therefore Magistrates’ Court → High Court → Court of Appeal → Supreme Court, but not every case reaches the top. Some specialist subject matters, constitutional proceedings, land disputes and statutory tribunal decisions have their own routes. The Supreme Court is primarily an appellate court; the Court of Appeal is not only an appellate court because it has original constitutional jurisdiction in its Constitutional Court capacity. Those role differences matter when reading a cause list or deciding where to file.

An example is Mukasa v Kanyike, Civil Appeal 13 of 2022, [2024] UGSC 5. “UGSC” means Uganda Supreme Court; “Civil Appeal 13 of 2022” is the case number and case type; “[2024]” is the judgment year, and “5” is the neutral citation sequence. Uganda’s online legal collection also uses “UGCA” for Court of Appeal and “UGHC” for High Court decisions. Earlier cases may instead be cited to the East Africa Law Reports or Uganda Law Reports, so the format can vary by age and publisher.

The regional court is not a national appeal court

The East African Court of Justice (EACJ), seated in Arusha, applies the EAC Treaty. Its First Instance Division hears matters within the Court’s Treaty jurisdiction; its Appellate Division hears appeals from that Division. Article 27 of the Treaty gives it jurisdiction over interpretation and application of the Treaty, while Article 35A provides for appeals between the EACJ divisions. The Treaty does not turn the EACJ into another national Court of Appeal. A person dissatisfied with a final national civil judgment cannot simply file a further appeal there.

That boundary does not make regional law irrelevant in national courts. Under Article 34 of the Treaty, a national court may refer a Treaty question to the EACJ for a preliminary ruling. The EACJ has explained the distinction in cases such as Sitenda Sebalu v Secretary General of the East African Community and Others, Reference No. 1 of 2010: its appellate jurisdiction concerns EACJ decisions, not appeals from Partner State Supreme Courts. The national case remains in the national system, while the regional court answers the Treaty question referred to it.

How to read a court citation and find the right forum

First distinguish a trial from an appeal. The trial court decides the dispute on evidence and law. An appellate court reviews the decision within legal limits; a cassation court usually checks legality; a review court acts only on defined grounds. “Appeal” does not mean the whole case starts again.

Next, read each part of a case citation. The parties’ names identify the dispute; the case number identifies the registry file; the court code identifies the court; a year may be the filing year or judgment year; a reporter abbreviation identifies a published collection; and a neutral citation gives a court, year and decision number. For example, KESC means Kenya Supreme Court, UGSC Uganda Supreme Court, TZCA Tanzania Court of Appeal, KLR Kenya Law Reports and RLR Rwanda Law Reports. Rwanda’s procedural file codes, including RCA and RS/INJUST/RC, describe case type and processing history. Always confirm expansions against the court or reporter that issued the citation.

Before filing or appealing, ask four practical questions. What subject does the claim concern? What is its value, and does that affect the first court? Which court made the order, and is it final or interlocutory? What statute sets the next appeal route and deadline? The answers should be taken from the current Constitution, court-jurisdiction law, procedural rules and the decision itself. A convenient diagram cannot cure a filing in a court that lacks jurisdiction.

The regional comparison shows a shared idea with different institutional designs: civil justice usually starts in a lower or specialist court, moves upward through statutory appeal routes and ends in a final court whose review powers are limited. The practical task is to identify the correct court for this claim, in this country, at this stage.

Sources Mentioned in This Training Article

EAC: Treaty for the Establishment of the East African Community, Articles 27, 34 and 35A; official EAC Partner States information. Burundi: Constitution of 7 June 2018; Organic Law No. 1/26 of 26 December 2023, amending Law No. 1/08 on judicial organisation and jurisdiction; Supreme Court case materials. DRC: Constitution of 18 February 2006, as amended; Organic Laws No. 13/011-B of 11 April 2013 and No. 13/010 of 19 February 2013. Kenya: Constitution of Kenya, 2010, Articles 162–169; Magistrates’ Courts Act, 2015; Supreme Court Act, 2011; Macharia [2012] KESC 8 (KLR); Lillian S [1989] KECA 48 (KLR). Rwanda: Constitution revised in 2023, Article 153; Laws No. 012/2018, No. 30/2018 and No. 22/2018; Bayingana et al v Ndabamenye, RS/INJUST/RC 00012/2019/SC, [2023] 1 RLR 65. Somalia: Constitution of the Federal Republic of Somalia 2026, Articles 129–134, published by the Federal Parliament’s Upper House. South Sudan: Transitional Constitution, 2011, as amended; Judiciary Act, 2008; Code of Civil Procedure Act, 2007; Ministry of Justice court-structure materials. Tanzania: Constitution of the United Republic of Tanzania, 1977, as amended; Civil Procedure Code; Magistrates’ Courts Act; Judiciary court-structure materials; S.E.C. (East African) Co. Ltd v Makundi [2026] TZCA 000239. Uganda: Constitution of 1995, as amended, Articles 129–138; Magistrates Courts Act; Judicature Act; Mukasa v Kanyike [2024] UGSC 5. EACJ: Sitenda Sebalu v Secretary General of the East African Community and Others, Reference No. 1 of 2010.

Suggested Citation

Ronald Serwanga, “East Africa Courts: Civil Power, Appeals and Review” (1 October 2026).