Supreme Court of Kenya

Supreme Court of Kenya

The new Constitution has re-established the Supreme Court of Kenya as the highest court in the land. The Supreme Court of Kenya will comprise of the Chief Justice, (president of the court), the Deputy Chief Justice (vice-president of the court) and (five other judges. To be properly constituted, the court must have five judges.

Supreme Court of Kenya will have exclusive original jurisdiction to hear and determine disputes relating to presidential elections and appellate jurisdiction to hear and determine appeals from the Court of Appeal and any other court or tribunal. The appeals will involve the interpretation or application of the Constitution and any other the Supreme Court or the Court of Appeal certifies as of general public importance.

The Supreme Court of Kenya may also give an opinion at the request of the national Government, State organ, or county government with respect to county governments. All courts, other than the Supreme Court, are bound by its decisions. The judges will be appointed by the President with the recommendation of the Judicial Service Commission.

Supreme Court of Kenya – Establishment of the Court

The Supreme Court is established under Article 163 of the Constitution as the final arbiter and interpreter of the Constitution

Supreme Court of Kenya – Composition of the court

The Court comprises of the Chief Justice, who is the President of the Court, the Deputy Chief Justice, who is the Vice-President of the Court and five other Judges

Supreme Court of Kenya – Jurisdiction

Exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President arising under Article 140 of the Constitution.

The Court has appellate jurisdiction to hear and determine appeals from the Court of Appeal and any other court or tribunal as prescribed by national legislation.

However appeals can only be;

As a matter of right where the case involves interpretation or application of the Constitution or a matter certified by the Supreme Court or the Court of Appeal as one that involves a matter of general public importance. The Supreme Court may review a certification by the Court of Appeal and either affirm, vary or overturn it.

Render advisory opinion at the request of the National Government, any State organ, or any County Government with respect to any matter concerning County Government

Determine the validity of a declaration of a state of emergency; an extension of such a declaration or any legislation enacted or action taken in consequence of a declaration of a state of emergency.

Appeals from a tribunal constituted under Article 168 of the Constitution on removal of Judges from office.

Supreme Court of Kenya – Objective of the Court

1. These are provided for in Section 3 of the Supreme Court Act, No. 7, of 2011
2. Assert the supremacy of the Constitution and the sovereignty of the people of Kenya;
3. Provide authoritative and impartial interpretation of the Constitution;
4. Develop rich jurisprudence that respects Kenya’s history and traditions and facilitates its social, economic and political growth;
5. Enable important constitutional and other legal matters, especially matters on transition to the new Constitution be determined with due regard to the circumstances, history and cultures of the people; and
6. Improve access to justice.

Supreme Court of Kenya – Seat of the Court

The Court sits in Nairobi at the Supreme Court building and is deemed to be properly constituted for purposes of its proceedings when five of the judges are sitting.

Being the highest court in the land, all other courts are bound by its decisions

Supreme Court of Kenya – Judges

The following are the current members of the Supreme Court of Kenya;

1. Hon. David Maraga – Chief Justice & President of the Supreme Court of Kenya
2. Hon. Lady Justice Philomena Mwilu – Deputy Chief Justice & Vice President of the Supreme Court of Kenya
3. Hon. Mr. Justice Mohamed Khadhar Ibrahim
4. Hon. Justice (Prof.) Jackton Boma Ojwang
5. Hon. Justice (Dr.) Smokin Wanjala
6. Hon. Lady Justice Njoki Susanna Ndung’u
7. Hon. Justice Isaac Lenaola

Retired Judges of the Supreme Court of Kenya

1. Hon. Justice (Dr.) Willy Munyoki Mutunga, D. Jur., Sc, EGH, Retired Chief Justice & President Of The Supreme Court Of Kenya
2. Hon. Lady Justice Nancy Makokha Baraza, Retired Deputy Chief Justice & Deputy President Of The Supreme Court Of Kenya
3. The Hon. Lady Justice Kalpana Hasmukhrai Rawal, Retired Deputy Chief Justice & Deputy President Of The Supreme Court Of Kenya
4. Hon. Mr. Justice Philip Kiptoo Tunoi

Supreme Court of Kenya – Appointment of Chief Justice, Deputy Chief Justice and other judges

(1) The President shall appoint–

(a) the Chief Justice and the Deputy Chief Justice, in accordance with the recommendation of the Judicial Service Commission, and subject to the approval of the National Assembly; and
(b) all other judges, in accordance with the recommendation of the Judicial Service Commission.

(2) Each judge of a superior court shall be appointed from among persons who–

(a) hold a law degree from a recognised university, or are advocates of the High Court of Kenya, or possess an equivalent qualification in a common-law jurisdiction;
(b) possess the experience required under clause (3) to (6) as applicable, irrespective of whether that experience was gained in Kenya or in another Commonwealth common-law jurisdiction; and
(c) have a high moral character, integrity and impartiality.

(3) The Chief Justice and other judges of the Supreme Court shall be appointed from among persons who have

(a) at least fifteen years experience as a superior court judge; or
(b) at least fifteen years’ experience as a distinguished academic, judicial officer, legal practitioner or such experience in other relevant legal field; or
(c) held the qualifications specified in paragraphs (a) and (b) for a period amounting, in the aggregate, to fifteen years;

(4) Each judge of the Court of Appeal shall be appointed from among persons who have

(a) at least ten years’ experience as a superior court judge;
or
(b) at least ten years’ experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; or
(c) held the qualifications mentioned in paragraphs (a) and (b) for a period amounting, in the aggregate, to ten years.

(5) Each judge of the High Court shall be appointed from among persons who have

(a) at least ten years’ experience as a superior court judge or professionally qualified magistrate; or
(b) at least ten years’ experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; or
(c) held the qualifications specified in paragraphs (a) and (b) for a period amounting, in the aggregate, to ten years.

Supreme Court of Kenya Contacts

Location: Nairobi
Address: P.O BOX 30041, Nairobi
Officer in Charge: Chief Justice, President Supreme Court of Kenya
Telephone: 0730-181600
Email: supremecourt@judiciary.go.ke

Supreme Court of Kenya – Video

https://www.youtube.com/watch?v=OmVIIaybDdA