THE Judiciary



T
he 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

 

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

 

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.

 

 

Objective of the Court

These are provided for in Section 3 of the Supreme Court Act, No. 7, of 2011

 

  • Assert the supremacy of the Constitution and the sovereignty of the people of Kenya;

 

  • Provide authoritative and impartial interpretation of the Constitution;

 

  • Develop rich jurisprudence that respects Kenya’s history and traditions and facilitates its social, economic and political growth;

 

  • 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

 

  • Improve access to justice.

 

 

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






CURRENT COMPOSITION OF THE SUPREME COURT OF KENYA

 

  1. Hon. Justice David K. Maraga, Chief Justice & President Supreme Court of Kenya 


  2. Hon. Lady Justice Philomena Mbete Mwilu, Deputy Chief Justice & Vice President of the Supreme Court of Kenya


  3. Hon. Justice (Prof.) Jackton Boma  Ojwang


  4. Hon. Justice Mohammed K. Ibrahim


  5. Hon. Lady Justice Njoki S. Ndungu


  6. Hon. Justice Dr Smokin C. Wanjala


  7. Hon Justice Isaac Lenaola



 Visit the Supreme Court Judges Kenya to access their profiles 

 

COMPOSITION OF THE CURRENT SUPREME COURT OF KENYA

(Left - Right) Hon Lady Justice Njoki S. Ndungu, Hon. Justice (Prof.) Jackton Boma  Ojwang, Hon. Lady Justice Philomena Mbete Mwilu (Deputy Chief Justice), Hon. Justice David K. Maraga (Chief Justice), Hon. Justice Mohammed K. Ibrahim, Hon. Justice Dr Smokin C. Wanjala and Hon Justice Isaac Lenaola. August 26, 2017.  



 Visit the Supreme Court Judges Kenya to access their profiles 






























COMPOSITION OF THE SUPREME COURT OF KENYA IN 2013 - 2016








(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.  Visit the Supreme Court Judges Kenya to access profiles of current judges. 









 

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