Supreme Court of Kenya

Supreme Court of Kenya. The Supreme Court of Kenya is the highest court in the judiciary of Kenya, established under the Constitution of Kenya, 2010. It serves as the final arbiter on all matters of constitutional interpretation and the ultimate appellate court in the country. The court is headquartered in the Supreme Court Building, Nairobi and consists of the Chief Justice of Kenya and six other judges.

History

The establishment of the court was a pivotal innovation of the Constitution of Kenya, 2010, which was promulgated following a national referendum and marked a significant departure from the previous Constitution of Kenya, 1969. Prior to its creation, the highest court was the Court of Appeal of Kenya. The new court was officially inaugurated in 2011, with its first bench led by Chief Justice Willy Mutunga. Its formation was a cornerstone of the broader judicial reforms championed by the Kenya National Commission on Human Rights and the Committee of Experts on Constitutional Review, aimed at bolstering judicial independence and constitutionalism after decades of executive dominance under leaders like Daniel arap Moi and Mwai Kibaki.

Composition and structure

The court comprises a maximum of seven judges: the Chief Justice of Kenya, who serves as the president of the court, the Deputy Chief Justice of Kenya, who is the vice-president, and five other Supreme Court Judges. Judges are appointed by the President of Kenya on the recommendation of the Judicial Service Commission, following a public vetting process. Notable members have included Justice Jackton Boma Ojwang' and Justice Smokin Wanjala. The court operates under the Supreme Court Act, 2011 and its procedures are detailed in the Supreme Court Rules, 2020.

Jurisdiction and powers

The court possesses exclusive original jurisdiction to hear and determine disputes relating to the election of the President of Kenya, a power decisively exercised in the 2017 Kenyan presidential election petition. It also has appellate jurisdiction to hear appeals from the Court of Appeal of Kenya and any other court or tribunal as prescribed by national legislation. Furthermore, it holds the unique authority to give advisory opinions at the request of the national government or any county government on any matter concerning county governments. All its rulings are binding on all other courts in Kenya under the principle of stare decisis.

Notable rulings and impact

The court has issued several landmark decisions that have profoundly shaped Kenyan constitutional law and politics. Its most historic ruling annulled the results of the 2017 Kenyan presidential election, a first in Africa, ordering a fresh election between Uhuru Kenyatta and Raila Odinga. In the Building Bridges Initiative case, the court unanimously found the constitutional amendment process unconstitutional, affirming the supremacy of the Constitution of Kenya, 2010. Other significant rulings have addressed the scope of devolution in Kenya, the powers of the Director of Public Prosecutions, and the independence of institutions like the Ethics and Anti-Corruption Commission.

Chief Justices of Kenya

Since its inception, the court has been led by three Chief Justices who also serve as the President of the Supreme Court. The first was Willy Mutunga (2011–2016), a renowned reformer appointed under the new constitution. He was succeeded by David Maraga (2016–2021), who presided over the historic 2017 presidential election petition. The current Chief Justice is Martha Koome, appointed in 2021, who previously served as a judge of the Court of Appeal of Kenya and is a noted advocate for children's rights in Kenya.

Category:National supreme courts Category:Judiciary of Kenya Category:2011 establishments in Kenya