The Supreme Court of Kenya
(L-R) Hon Lady Justice Njoki Ndungu, Hon Justice Prof J.B. Ojwang, Hon Lady Justice Kalpana H. Rawal(Rtd), Hon Justice Dr Willy Mutunga (Rtd), Hon Justice Dr Philip K. Tunoi(Rtd), Hon Justice Mohammed K. Ibrahim and Hon Justice Dr Smokin C. Wanjala. 2013
Establishment of the Court
The Supreme Court is established under Article 163 of the Constitution as the final arbiter and interpreter of the Constitution
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
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
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.
Objective of the Court
These are provided for in Section 3 of the Supreme Court Act, No. 7, of 2011
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