Determination of disputes arising out of presidential elections. Kenyas supreme court ruling on the presidential petition by the mast on september 2, 2017. The supreme court is the highest court in kenya, and all other courts are bound by its decisions. In this act, unless the context otherwise requires.
The majority also referenced two prior indiana court of appeals cases that had adopted a continuity element. Supreme court amendment act 85 of 1963 general law amendment act 80 of 1964 general law amendment act 102 of 1967 establishment of the northern cape division of the supreme court of south africa act 15 of 1969 supreme court amendment act 41 of 1970. Kenya supreme court nullifies presidential election the. The supreme court, as well as being the final court of appeal, plays an important role in the development of united kingdom law. The employment and labour relations court elrc is established under article 162 2 a of the constitution of kenya 2010. Nov 20, 2017 kenya s supreme court rules that octobers presidential election rerun met all the constitutional requirements, meaning incumbent uhuru kenyatta is the winner.
Production of documents filed in, or in custody of, supreme court. President of the court of appeal, the principal judge of the high court. Kenyas supreme court rules election rerun valid cnn. Improving access to justice in kenya through horizontal application of the bill rights. Sep 02, 2017 10 in accordance with the terms of section 262 of the supreme court act, 2011 act no. May 23, 2017 state the functions of the supreme court in kenya. The supreme court has both original and appellate jurisdiction, as well as the jurisdiction to give advisory. Kenyas supreme court has invalidated the result of last months contentious presidential election and ordered a new vote, the first time in africa that a court has nullified the reelection of a. Documents shall not prejudice the respondents and does not limit the courts time. As the highest court in the nation, its decisions are binding and set precedent on all other courts in the country. Proof of documents bearing seal or stamp of supreme court or any office thereof. This act may be cited as the supreme court act, 2011. Supreme court judges from left, justice njoki ndungu, deputy chief justice philomena mwilu, chief justice david maraga, justice jackton ojwang and. Kenyas supreme court rules that octobers presidential election rerun met all the constitutional requirements, meaning incumbent uhuru kenyatta is the winner.
The entire court system is divided into a hierarchical system wherein the superior courts consist of supreme court, courts of appeal, high court and industrial court etc. Supreme court or court of appeal being the highest courts, with. Kenya enacts contempt of court act to uphold the right to. Readers are requested to notify the reporter of decisions, supreme court of the united states, washington, d.
Employment and labour relations court judiciary of kenya. Second supreme court amendment act 86 of 1977 supreme court amendment act 46 of 1980 proclamation 222 of 1981 appeals amendment act 105 of 1982 courts of justice amendment act 53 of 1983 supreme court amendment act 18 of 1985 supreme court second amendment act 87 of 1985 rules board for courts of law act 107 of 1985 sheriffs act 90 of 1986. As an appeal court, the supreme court cannot consider a case unless a relevant order has been made in a lower court. Innumerable instances of human rights violation were brought before the supreme court as well as the high courts. Extent of appellate jurisdiction of the supreme court. Superior courts in kenya supreme courts magistrate free. The supreme court of kenya practice directions in exercise of the powers conferred by rule 51 1 of the supreme court rules, 2012 which makes provision for issuance of practice directions to ensure adherence to the provisions of the supreme court rules, 2012, and in the light of previous supreme. In the supreme court of kenya, nairobi, ruling delivered on march 23, 2017. A reference by the attorney general for northern ireland of devolution issues to the supreme court pursuant to paragraph 34 of schedule 10 to the northern ireland act 1998. Sep 20, 2017 supreme court justices in nairobi on wednesday deliver a detailed ruling laying out their reasons for annulling the aug.
The district court proceedings owens action in late 2001, plaintiff james owens filed his initial complaint seeking to hold sudan liable for providing material support for al qaedas 1998 bombings of the u. The official web site for the arkansas supreme court provides information about cases, oral arguments, opinions, orders, dockets, history and technology services that improve public access by supporting arkansass courts and criminal justice agencies. Although the documents were not filed in accordance of the rules, the court has, in the interest of justice, retained them the documents vide the courts inherent jurisdiction. An act of parliament to confer on the court of appeal jurisdiction to hear appeals from the high court and for purposes incidental thereto act no. This act may be cited as the colonial courts of admiralty act 1890. Answers i has appellate jurisdiction to hear and determine appeals from the court of appeal or from any other court or tribunal as prescribed by an act of parliament. The court is the successor to the appellate division ad and was originally constituted in 1910 as the final south african court of appeal on the establishment of the union of south africa. Supreme court judges while delivering their full judgement on nullification of presidential elections noted the following as reasons for annulling president uhuru kenyattaas reelection. An act of parliament to establish the industrial court as a superior court of. The new law was designed to uphold national values and principles that include the rule of law and the right to a fair trial. Rules and guidance supreme court of the united states. Supreme court amendment act 85 of 1963 general law amendment act 80 of 1964 general law amendment act 102 of 1967 establishment of the northern cape division of the supreme court of south africa act 15. With the creation of the constitutional court and the enactment of s 166 of the constitution, 1996 the name of the court was changed to the supreme court. Nairobi, kenya in a historic ruling and a first in africa, kenyas supreme court nullified on friday the reelection of a sitting president, ordering a new vote to be held within 60 days.
Supreme court justices in nairobi on wednesday deliver a detailed ruling laying out their reasons for annulling the aug. Hierarchy of courts in kenya judiciary structure court. The court is operationalised under the employment and labour relations court act no. The court has appellate jurisdiction to hear and determine appeals from the court of appeal and any other court or tribunal as prescribed by national legislation.
What are the functions of the supreme court in kenya. It is established under article 163 of the kenyan constitution. Short title this act may be cited as the appellate jurisdiction act. Constitution, judges, osjicers, their salaries, the seal and osjices of the supreme court 4. Thi sa c tm ay b eid he s ut lw miscellaneous amendments act, 2012. Parliament passed the magistrates and judges vetting act of 2011. The supreme court of kenya practice directions in exercise of the powers conferred by rule 51 1 of the supreme court rules, 2012 which makes provision for issuance of practice directions to ensure adherence to the provisions of the supreme court rules, 2012. Court rules rules of the supreme court effective july 1, 2019 pdf summary of 2019 rules changes pdf historical rules of the supreme court. Judicature supreme court the judicature supreme court act arrangement of sections preliminary 1. Supreme court as the apex court devised new tools and innovative.
Republic of kenya in the supreme court of kenya at nairobi coram. Kenya supreme court nullifies presidential election. Supreme court act 312 kb act current to 20200421 and last amended on 20191218. Judicial service act arrangement of sections part i preliminary section 1. Sep 01, 2017 nairobi, kenya in a historic ruling and a first in africa, kenyas supreme court nullified on friday the reelection of a sitting president, ordering a new vote to be held within 60 days. Constitution and the public procurement and disposal act cap.
Kenyas supreme court ruling on the presidential petition. See coming into force provision and notes, where applicable. This structure of the courts is based on the provisions of the constitution, the magistrates court act cap. Superior courts in kenya supreme courts magistrate. To understand the hierarchical system of courts in kenya, you can read the following. Republic of kenya,1 the supreme court of kenya at nairobi declared the mandatory nature of the death penalty contained in section 204 of the penal code2 to be unconstitutional. Kenya supreme court nullifies presidential election the new.
Reasons why presidential election was declared invalid, court. Court, the supreme court of appeal or the high court of south africa, are complementary to any speci. The supreme court of kenya is the highest court in kenya. This opinion is subject to formal revision before publication in the preliminary print of the united states reports. Kenya supreme court nullifies presidential election, orders. Act modified in relation to the supreme court of the british indian ocean territory by s. General arguments for and against horizontal application a strong case has been made for the application of the bill of rights to various private relationships. The new law was designed to uphold national values and principles that include the rule of. Kenya enacts contempt of court act to uphold the right to a.
Overview by judgment dated 14 december 2017 in francis karioko muruatetu v. Supreme court ruling on various applications in the. Functions of the chief justice and deputy chief justice. Guides for counsel guidelines for the submission of documents to the supreme courts electronic filing system updated nov. The judicature acts are a series of acts of parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in england and wales.
Mutunga, chief justice and president of the supreme court. It was established under article 163 of the constitution as the final arbiter and interpreter of the constitution. It is constitutionally charged with the mandate and responsibility of conducting andor supervising referenda and elections to any elective body or office established by the constitution, as well as any other elections as prescribed by the elections act. However, kenya recently enacted the contempt of court act, act no 46 of 2016 the act to reflect and conform to article 50 of the constitution of kenya 2010, which contains the right to a fair hearing. After the promulgation of the constitution of kenya 2010 the general public through parliament sought to reform the judiciary. An act to amend and consolidate the law relating to the supreme court. In september 2002, an amended complaint added additional plaintiffs. Improving access to justice in kenya through horizontal. Proposed revisions to the mandatory death penalty and life. In 2014, the supreme court of kenya had to determine whether the broadcast rights in freetoair fta programmecarrying signals were infringed by allowing the rebroadcasting of these signals pursuant to the socalled mustcarry rule in the broadcasting regulations of the kenya information and communication act. Judiciary superior courts in kenya the judiciary under the new constitution under section. The constitution of kenya the supreme court act no. The judiciary of kenya is the system of courts that interprets and applies the law in kenya.