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
(L-R) Hon Lady Justice Njoki Ndungu, Hon Justice Prof J.B. Ojwang, Hon Lady Justice Philomena Mwilu, Hon Justice David Maraga, Hon Justice Mohammed K. Ibrahim, Hon Justice Dr Smokin C. Wanjala and Hon Justice Isaac Lenaola.
Hon. Justice David K. Maraga, EGH Chief Justice and President Supreme Court of Kenya
Hon. Justice David Kenani Maraga is the Chief Justice and President of the Supreme Court of Kenya. Prior to his appointment as CJ, Justice Maraga was the Presiding Judge of the Court Of Appeal at Kisumu and the Chairperson of the Judiciary Committee on Elections. He was also Chairperson of the Tribunal appointed by His Excellency the President of the Republic of Kenya that investigated and ruled on the conduct of a Judge of the High Court of Kenya. Prior to his appointment as Judge of the Court of Appeal, he had served as the Presiding Judge of the Family Division of the High Court of Kenya at Nairobi; and Resident Judge at the High Court of Kenya at Nakuru. Before joining the Judiciary, Justice Maraga was a legal practitioner for twenty five (25) years in conveyancing, civil and criminal litigation. He also served as the Chairman of the Rift Valley Law Society and as a member of the Constitutional Review Task Force of the Seventh-day Adventist Church, East African Union. The Hon Chief Justice Maraga holds a Master of Laws (LLM) Degree from the University of Nairobi; a Bachelor of Laws (LLB) Degree from the same University and a Diploma in Legal Practice from the Kenya School of Law. He was admitted onto the Roll of Advocates in October 1978. He is a member of the Law Society of Kenya and the Chartered Institute of Arbitrators, London. Justice Maraga has been a part-time Lecturer at University of Nairobi on pro bono basis and is an accomplished trainer and facilitator who has facilitated in several capacity-building workshops at the Judiciary Training Institute and the Law Society of Kenya’s Continuous Legal Education (CLE) workshops. He has presented papers in numerous local and international seminars and conducted trainings in Law. See his full bio [ Profile – CJ David Maraga CV]
Hon. Lady Justice Philomena M. Mwilu, Deputy Chief Justice and Vice President of the Supreme Court of Kenya
Hon. Justice Jackton Boma Ojwang
Justice Jackton B. Ojwang came from Homa Bay (1965-1968) and Thika (1969-1970) High Schools to the University of Nairobi, where he earned the LL.B (1974) and LL.M (1976) degrees, before proceeding to Downing College, University of Cambridge (1978-1981) where he earned the Ph.D. degree specializing in Comparative Constitutional Law. Justice Ojwang joined the Judiciary as a High Court Judge on 28th October, 2003 and served for six years and two years, respectively, at the Nairobi and Mombasa stations. While in service in the Judiciary, Justice Ojwang has adjudicated a good variety of cases, and rendered comprehensive judgments that set jurisprudential directions, especially in the following areas: criminal law; civil law; constitutional and administrative law; probate and administration of estates; and admiralty law.
Hon. Justice Mohamed Kadhar Ibrahim
Justice Mohammed K. Ibrahim was appointed a judge of the inaugural Supreme Court of Kenya on June 16, 2011 after an open and competitive interview. Until then, Justice Ibrahim had been a High Court Judge since his appointment on May 22, 2003, serving in Eldoret, Nairobi and Mombasa.
He obtained his Bachelor of Laws degree from the University of Nairobi and was admitted to the Roll of Advocates on the January 11, 1983. He practiced law at Messrs. Waruhiu & Muite Advocates, where he was admitted as a partner in 1985. In 1994, he established Mohammed Ibrahim & Associates, which subsequently expanded to become Ibrahim & Isaack Advocates in 1997. He has served as a council member of the Law Society of Kenya and a board member of a non-governmental organisation, Legal Education and Aid Programme (LEAD).
Justice Ibrahim was actively involved in civil rights advocacy at the advent of the pro-democracy movement in Kenya and was detained without trial in 1990.
Lady Justice Njoki Ndung’u
Hon. Justice Njoki Susanna Ndung’u is a Judge of the Supreme Court of Kenya. She is an Advocate of the High Court of Kenya and holds both a Masters in Law degree (LL.M) in Human Rights and civil liberties and a diploma in Women’s Rights. She has previously work experience as State Counsel in the Office of the Attorney General, Programme Officer at the Institute for Education in Democracy, and National Protection Officer at United Nations High Commissioner for Refugees. She has also worked as a Political Analyst in Conflict Management at the African Union.
Justice Njoki S. Ndung’u is a former Member of the Pan-African Parliament and of the 9th Parliament in the National Assembly of Kenya, where she sat in the Standing Committees on Defense and Foreign Affairs, Administration of Justice and Legal Affairs and the Parliamentary Select Committee on the Constitution. She is the architect of the Sexual Offences Act 2006, and of amendments to the Employment Act 2007 providing for paid maternity and paternity leave, as well to the Political Parties Act 2007 on affirmative action measures for women in political participation.
Hon. Njoki Ndungu sat as a member of the Committee of Experts that drafted the Kenyan Constitution and has received international and national recognition for her work; she was awarded the UN Person of the Year in Kenya 2006 and the International Commission of Jurists – Jurist of the Year Award 2006 and Presidential Commendation of the rank of the Elder of the Burning Spear (EBS) in the same year. Justice Ndung’u was more recently awarded the rank of Chief of the Burning Spear (CBS)
Hon. Justice Smokin Wanjala
Hon. Commissioner Justice Dr. Wanjala, is a holder of a Bachelor of Laws (LL.B, Hons.) from the University of Nairobi, a Diploma in Law from the Kenya School of Law, a Master of Laws (LL.M) from Columbia University, New York and a Doctorate in Law (PhD) from the University of Ghent, Belgium.
Before his appointment to the Supreme Court of Kenya, Justice Wanjala had been a Law Lecturer at the University of Nairobi for twenty (20) years (1986-2004) where he offered instruction in diverse areas of law including, Land Law, International Law, Human Rights Law, Criminal Law and Law of the Sea. He was appointed as Assistant Director of the defunct Kenya Anti-Corruption Commission (KACC), in October 2004 where he served in that capacity until 2009.
He was appointed by former President Kibaki to serve as the Joint Secretary to the Commission on Illegally and Irregularly acquired Public Land (the Ndung’u Commission) in 2003. He is credited with having overseen the compilation and writing of what has become popularly known as the Ndung’u Report. Justice Wanjala was the first Chairman of the Public Complaints Committee on the Environment (PCC), which is one of the Compliance Committees of the National Environment and Management Authority-NEMA.
He has many publications to his credit including books and articles in the fields of Law, Human Rights and Governance. He has published locally and internationally. Apart from his accomplishments in academia as a Law Teacher and Author, Justice Wanjala has participated in major research projects leading to the compilation and production of seminal reports such as The Anatomy of Corruption in Kenya, the Governance, Justice, Law and Order for Kenya (GJLOS 2) and the Policy and Governance Framework for the Republic of Malawi.
Justice Wanjala was actively involved in the struggle for Constitutional Reform in Kenya especially during his time in Civil Society in the 1990’s. He was one of the four founder members of the Centre for Law and Research International (CLARION) where they pioneered Civic Education in the country. He is a member of the International Commission of Jurists, ICJ-Kenya Chapter and the Kenya National Academy of Sciences He was elected as a Commissioner to represent the Supreme Court in accordance with Article 171 (2) (b) of the constitution. Justice Wanjala is the Chairman of JSC Human Resource Management Committee that oversees the establishment of appropriate human resources policies and strategies.
Hon. Justice Isaac Lenaola
Hon. Justice Isaac Lenaola who is an advocate of the High Court, holds a Bachelors of Law Degree from the University of Nairobi. He served in various legal firms and as a Commissioner both at the Peoples Commission of Kenya and at the Constitution of Kenya Review Commission. He joined the judicial service in 2003 and worked as Resident Judge in Embu, Meru, Machakos and Kakamega High Courts. As a High Court Judge, Hon Lenaola served as a Commissioner at the Judicial Service Commission (JSC). Until his appointment as Judge of the Supreme Court, Judge Lenaola was the Presiding Judge of the Constitutional and Human Rights Division at the High Court in Milimani, Nairobi. Justice Lenaola was appointed Deputy Principal Judge of the Court of First Instance of East African Court of Justice in 2011 and a Judge at the Residual Special Court for Sierra Leone in 2013. He is President of the Advisory Council of Strathmore Institute for Advanced Studies in International Criminal Justice.
RETIRED SUPREME COURT JUDGES
Chief Justice & President, Supreme Court of Kenya (Rtd)
Rtd Lady Justice Kalpana H. Rawal
SUMMARY OF FEES AND COSTS
THE OFFICE OF THE CHIEF JUSTICE
Supreme Court Building
City Hall Way, Nairobi
P.O. Box 30041 – 00100, Nairobi
Tel. +254 20 2221221
chiefjustice@judiciary.go.ke
www.judiciary.go.ke