REPUBLIC OF KENYA - The Judiciary
REPUBLIC OF KENYA - The Judiciary
REPUBLIC OF KENYA - The Judiciary
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(3) Without prejudice to the powers conferred on the Supreme<br />
Court by clauses (1) and (2), Parliament may by law<br />
empower any other court to exercise within the local limits<br />
of its jurisdiction all or any of the powers exercisable by<br />
the Supreme Court under clause (2).<br />
(4) <strong>The</strong> right guaranteed by this article shall not be suspended<br />
except as otherwise provided for by this Constitution.”<br />
“PART V<br />
THE UNION<br />
CHAPTER IV. - THE UNION JUDICIARY<br />
136. Special leave to appeal by the Supreme Court<br />
(1) Notwithstanding anything in this Chapter, the Supreme<br />
Court may, in its discretion, grant special leave to appeal<br />
from any judgment, decree, determination, sentence or<br />
order in any cause or matter passed or made by any court<br />
or tribunal in the territory of India.<br />
(2) Nothing in clause (1) shall apply to any judgment,<br />
determination, sentence or order passed or made by any<br />
court or tribunal constituted by or under any law relating to<br />
the Armed Forces.”<br />
[110] Article 32 cited above merits special note. It gives the Supreme<br />
Court of India power to redress all violations of fundamental rights by<br />
issuing writs. It is, therefore, true that in the Indian context, the<br />
Supreme Court has all power to redress injustices – where injustices<br />
mean the violations of fundamental rights. This is not a power<br />
arrogated by the Indian Supreme Court, but one donated by the<br />
Constitution. Our Constitution does not have similar provisions; and<br />
therefore, the Kenyan Supreme Court does not have a similar<br />
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