Download PDF - The Judiciary

State of Judiciary 2011-2012
19
2.1 Supreme Court
Established under Article 163 of the Constitution, the Supreme Court
comprises the Chief Justice, who is the President of the court, the
Deputy Chief Justice, who is the Vice-President of the court, and
five judges.
The Supreme Court conducted an induction for its judges in
December 2011. In order to support the court’s research capacity,
seven Legal Researchers have been hired and interviews for a
further 16 Law Clerks concluded, with nine of them being ultimately
appointed.
The Supreme Court hears petitions arising from presidential elections.
It also hears appeals on decisions from the Court of Appeal in any
case involving the interpretation or application of the Constitution,
or in any other case that the Supreme Court, or the Court of Appeal,
certifies as being of general public importance. The Supreme Court
may also 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.
The Supreme Court was launched on October 26, 2011 and held
its inaugural session on November 15, 2011 and has since received
17 cases. Of these, four have been requests for Advisory Opinions,
six Applications, and seven Petitions. The Supreme Court’s central
mandate is the development of a progressive jurisprudence.
2.2 Court of Appeal
Article 164 of the Constitution establishes the Court of Appeal. Before
the promulgation of the Constitution, this was the highest court in
Kenya. It consisted of 14 judges. In 2012, the Judicature Act was
amended to increase the number of judges to a maximum of 30.
Judges of the Court of Appeal elect a President from among their
number 1 .
The Supreme Court was
launched on October 26, 2011
and held its inaugural session
on November 15, 2011
The Court of Appeal hears appeals from the High Court and any
other court or tribunal as prescribed by an Act of Parliament.
1 Between June 2011 and October 2012, the Court of Appeal has had
two Presidents, Hon. Mr. Justice R.S.C Omollo and Hon. Mr. Justice E. Githinji