REPUBLIC OF KENYA - The Judiciary

The inference is to be drawn that the Supreme Court, if it is to “develop
the law”, has to have the liberty to depart from previous decisions such
as may stand as a
constraint to the growth of the law.
[47] Such an inference equally flows from Section 3 of the Supreme
Court Act, 2011 which thus provides:
“The object of this Act is to make further provision with
respect to the operation of the Supreme Court as a court
of final judicial authority to, among other things –
(a)
assert the supremacy of the Constitution and the
sovereignty of the people of Kenya;
(b)
provide authoritative and impartial interpretation of
the Constitution;
(c)
develop rich jurisprudence that respects Kenya’s
history and traditions and facilitates its social,
economic and political growth….”
[48] Such are functions both extensive and dynamic, as must needs be
reposed only in a fully mandated Court, able to consider the merits of
each question coming up before it, and to chart uninhibited courses of
growth in the law.
27