Supreme Court of Kenya

The Supreme Court of Kenya is the highest court in Kenya. It is established under Article 163 of the Kenyan Constitution. As the highest court in the nation, its decisions are binding and set precedent on all other courts in the country.

The Supreme Court has exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President arising under Article 140 of the Constitution. It has appellate jurisdiction to hear and determine appeals from the Court of Appeal and any other court or tribunal as prescribed by national legislation.

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.

The Supreme Court has the right to 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. It can also determine the validity of a declaration of a state of emergency, an extension of such a declaration, or any legislation enacted in consequence of a declaration of a state of emergency.

Composition

The court comprises the Chief Justice of Kenya, who is the president of the Court, the Deputy Chief Justice of Kenya, who is the deputy to the Chief Justice and the vice-president of the court and five other judges. The Supreme Court is properly constituted for purposes of its proceedings when it has a composition of five judges.

Membership

Current Justices

The following are the current members of the Supreme Court

• Chief Justice & President Of The Supreme Court Of Kenya: The Hon. Justice (Dr.) Willy Munyoki Mutunga, D. Jur., Sc, EGH
• Deputy Chief Justice & Deputy President Of The Supreme Court Of Kenya: The Hon. Lady Justice Kalpana Hasmukhrai Rawal
• Hon. Mr. Justice Philip Kiptoo Tunoi
• Hon. Justice (Prof.) Jackton Boma Ojwang
• Hon. Mr. Justice Mohamed Khadhar Ibrahim
• Hon. Justice (Dr.) Smokin Wanjala
• Hon. Lady Justice Njoki Susanna Ndung'u

Former Justices

• Hon. Lady Justice Nancy Makokha Baraza

Jurisdiction

It has exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President arising under Article 140 and subject to clause (4) and (5) of Article 163 of the Constitution, appellate jurisdiction to hear and determine appeals from the Court of Appeal and any other court or tribunal as prescribed by national legislation

2013 Presidency Petition

Main article: Kenya Presidential Election Petition, 2013

The first round of the presidential election took place on March 4, 2013. Uhuru Kenyatta was declared the president-elect of Kenya by the Independent Electoral and Boundaries Commission. Raila Odinga challenged this in the Supreme Court. The petition challenging the results of the election due to several technicalities, including discrepancies in voter numbers as reported by the Independent Electoral and Boundaries Commission, and the failure of biometric voter registration kits, was ultimately dismissed on March 30, 2013.

See also

• Judicial Service Commission (Kenya)
• Kenya Judges and Magistrates Vetting Board

External links

• [1] Official Website