Traditionally, African ethnic groups lived as autonomous nationalities with governance and judicial mechanisms that were unique to each ethnic nation. They involved the use of shared patterns of dispute resolution, conciliatory dialogue, the admission of wrongdoing, and compensatory concessions and ritual social gatherings which marked the end of disputes. These traditional dispute settlement methods were guided by the village elders of each community.

The declaration of a protectorate over much of what is now Kenya in 1895, marked the beginning of British colonial rule which lasted until 1963. The British instituted a legal system that incorporated Native, Muslim, and English law. Among the natives, dispute resolution organs such as the village elders, headmen, and chiefs were empowered and continued to settle many disputes just as was the case in the pre-colonial period.

The traditional dispute settlement organs were accorded official recognition in 1907 when the Native Courts Ordinance was promulgated. The ordinance established Native Tribunals that were intended to serve ethnic groups in Kenya. The Chief Native Commissioner was authorised to set up, control, and administer the tribunals.

They authorized the governor to appoint a liwali (administrative official) in the coastal region to adjudicate matters between persons of the Muslim faith.

In 1930, the colonial administration revised the court system relating to indigenous Africans with the lowest courts being a panel of elders whose decisions were appealed to the Native Appeals Tribunal, then thereafter to the District Commissioner, and lastly to the Provincial Commissioner. In 1951, the African Court replaced the Tribunal and the judicial powers of the Provincial Commissioner were transferred to the newly established Courts of Review.

The most prominent trend in the evolution of the colonial judicial setup was the maintenance of an official court system, with appeals lying up to the Privy Council in England, running parallel to a native court system whose jurisdiction was limited to civil matters and dominated by administrative officers.

When Kenya gained self-rule in 1963, it received a new Constitution that was negotiated between political parties and the British Government, called the Westminster Model Constitution. This constitutional order provided a democratic system of government. Some of its salient features were that it contained a Bill of Rights or Civil Rights for the citizens, whose guarantee was to be protected by courts of law. It also provided for an independent Judiciary. This order lasted for only one year and was repealed by the independence Constitution in 1964.

Under the independence Constitution, a Supreme Court was established at the apex of the court hierarchy and clothed with original civil and criminal jurisdiction, with the Chief Justice as its head. It also established the Kenya Court of Appeal and an East African Court of Appeal. At the bottom of the hierarchy were subordinate courts.

In 1967, the Magistrates Courts Act gave District Magistrates power to hear claims under African customary law and thus effectively eliminated all African Courts. District Magistrates had jurisdiction all over Kenya with appeals going to First Class Magistrates Courts. There were two types of magistrates: District Magistrate I who were non-lawyers the last of whom were employed in 1987 and District Magistrate II (Professional) who were qualified advocates. District Magistrate II were phased after the promulgation of the Constitution of Kenya in 2010.

The Constitution of Kenya, 2010 has transformed the legal landscape of Kenya and clearly demarcated the three arms of government while acknowledging that all judicial authority is derived from the people of Kenya.