Since the re-introduction of multi-party politics in 1992, no presidential petitioner has succeeded in the corridors of Kenyan Judiciary. Raila Odinga, the outgoing Prime Minister of the Republic of Kenya has challenged president-elect Uhuru Kenyatta's victory at the Supreme Court. At the close of business at midnight today, the judges will sift through the evidence disclosed by the petitioners and respondents, then deliver a ruling not later than Saturday 30th March, 2013. So how is the structure of Kenya's highest court:The Supreme Court of Kenya is established under Article 163 of the Constitution and comprises of the Chief Justice, who is the president of the Court, the Deputy Chief Justice, 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 and 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.
Appeals from the Court of Appeal to the Supreme Court are as a matter of right in any case involving the interpretation or application of this Constitution and in any other
case in which the Supreme Court, or the Court of Appeal, certifies that a matter of general public importance is involved, subject to clause (5).
The Supreme Court may review a certification by the Court of Appeal and either affirm, vary or overturn it.
The Supreme Court may give an advisory opinion at the request of the national government, any State organ, or any county government with respect to any matter concerning county government.
All courts, other than the Supreme Court, are bound by the decisions of the Supreme Court.
case in which the Supreme Court, or the Court of Appeal, certifies that a matter of general public importance is involved, subject to clause (5).
The Supreme Court may review a certification by the Court of Appeal and either affirm, vary or overturn it.
The Supreme Court may give an advisory opinion at the request of the national government, any State organ, or any county government with respect to any matter concerning county government.
All courts, other than the Supreme Court, are bound by the decisions of the Supreme Court.
No comments:
Post a Comment