What are the functions of the supreme court in kenya. To download the judgement and opinions, simply click on the file name you. Case documents the court makes available many different forms of information about cases. Just a few days ago, for example, some mps said judges should stop their constant meddling in the affairs of the. Tainted judicial history remembered in new kenya judgement. All previous judgments handed down prior to this can be found on our decided cases section. Kenya supreme court nullifies presidential election. Constitution and inter alia the elections act, chapter 7 of the laws of kenya 2017. As the highest court in the nation, its decisions are binding and set precedent on all other courts in the country. This petition once again presents a cry on behalf of the women of kenya. This act may be cited as the supreme court act, 2011. Singapore international commerci al court practice directions. Instead, the scok acknowledged that there was no evidence of any. Take notice that the judgment in this petition will be delivered on wednesday the.
Lr hon lady justice njoki ndungu, hon justice prof j. Supreme court delivers final judgement on accusations. In one such case harsha nitin kokate v the saraswat cooperative bank limited, also known as the kokate case, a single judge of the bombay high court had ruled that the rights of the nominee prevail over that of the successors, in case of shares held in a. The supreme court of kenya is today delivering its highlyanticipated detailed judgement on the september 1st ruling that nullified president uhuru kenyattas reelection. Being an appeal from the judgment of the court of appeal sitting in nairobi e. Supreme court act and the question of compliance 10 preserving kenyas. The opinions delivered by the supreme court of kenya since its inception are outlined below 2011 election date decision. The supreme court spared kenyan television viewers the agony of automatic switch off from analogue to digital systems and ordered the communication authority to hold dialogue with the standard. The bodyguard of a member of kenyas supreme court was shot and injured on the eve of its judgment about whether to suspend a controversial presidential election. Kenyas supreme court rules that octobers presidential election rerun met all the constitutional requirements, meaning incumbent uhuru kenyatta is the winner.
Being the highest court in the land, all other courts are bound by its decisions. For judgments handed down before 31 july 2009 please refer to the house of lords or bailii websites. Kenya supreme court judges while delivering their full judgement on nullification of presidential elections noted the following as reasons for annulling president uhuru kenyattas reelection. 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. Registered trustees of redeemed gospel church v umoja residents association sued through its officials, p. Analysis the supreme courts judgment regarding kenyas 20 election leaves many questions unanswered and provides little motivation for electoral improvements in the future.
Mutunga, chief justice and president of the supreme court. Registered trustees of redeemed gospel church v umoja residents. Reportable ministry of electronics and information. The court further ordered that the file for petition no. They are not usually delivered on the same day of the hearing but some time afterwards. Kenyas supreme court has delivered a landmark ruling nullifying the election of president uhuru kenyatta in july 2017.
Kenya court upholds presidents election win the new. Nairobi kenyas supreme court said wednesday that lapses by the countrys electoral commission had compelled the justices to annul the results. Full 2017 kenya supreme court ruling on presidential. The timing of this judgment is particularly significant.
Kenyas supreme court ruling on the presidential petition. In a definitive and landmark decision rendered on 01 september 2017 this honourable court nullified the presidential election and directed the 2 n d. Kenya supreme court nullifies presidential election the. Kenya at malindi, being the nearest court with jurisdiction over the area in which the. Robin mazumdar, aor, who was earlier appearing for him, be shown in the cause list. All documents filed in the court shall comply with rule 7 of the supreme court rules, 2012. The ruling was read by chief justice willy mutunga on behalf of the full bench. Republic of kenya in the supreme court of kenya at nairobi coram. Kenyas supreme court rules election rerun valid cnn. The court of appeal in its judgment, had reversed the order of the high court that had declared sections 4. 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.
Kenya supreme court to hear case seeking delay of vote rerun. It is established under article 163 of the kenyan constitution. 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. Court of appeal decisions criminal delivered on may 22, 2020. 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. The supreme court declined to issue directions on the date of the next general election and referred the matter to the high court. Documents shall not prejudice the respondents and does not limit the courts time. In the election of her representatives, kenya holds general elections on the second tuesday of august in every fifth year. Plo lumumbas submission at the supreme court youtube. It comes as tension builds between kenyas judiciary and other arms of government over judges powers to consider the meaning and application of statutes and to act when there are breaches of the constitution. Kenya to declare the result of the presidential election and deliver a written notification of the result to the chief justice and the incumbent president. Notice milimani high court, civil division cause list for may 26 28, 2020. In subsequent cases the high court has held that it has jurisdiction to entertain decisions of administrative bodies. Judgments are also available in html format on the bailii website.
Guide for the conduct of arbitration originating summons. It is possible to rewatch judgment handdowns on this site. Supreme court has done kenya proud and lived up to the principle and law regarding election, he said. In r v gikunja 1948 23 1 klr 43 the magistrate added a few notes to his signed judgment. Decided cases handed down outside of this year can be found by clicking on the following links. There is no other forum for a magistrate after reading judgment to explain the judgment.
The court comprises of the chief justice, who is the president of the court, the deputy chief justice, who is the vicepresident of the court and five other judges. Decided cases will be published on this page immediately after judgments have been handed down. An application to strike out the notice of appeal in the intended appeal against the judgement of the court of appeal delivered on 25th march 2015, under rules 37 of the supreme court rules, 2012. Chief justice and president, supreme court of kenya. Below you will find the latest judgment s handed down by the uk supreme court. Supreme court judges bodyguard shot ahead of kenya poll. There have been some contradictory observations in the past. Summary of kenyas supreme court judgement on digital. Decisions of the court may be enforced by the high court. Enforcement manual to combat illicit trade in kenya. Delivering the ruling, chief justice david maraga cited some irregularities in the manner the elections were conducted. The supreme court is established under article 163 of the constitution as the final arbiter and interpreter of the constitution. In the supreme court of kenya, nairobi, ruling delivered on march 23, 2017.
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. Nedumpara to argue in person before the court is rejected. The kenya supreme court held that a judgement should contain all the reason which have acted on the magistrates mind before coming to his conclusion. The supreme court of kenya is the highest court in kenya. In a most stunning turn of events, the full judgement issued by the scok on september 20th offered no clear justification for their ruling. Pdf judgment writing in kenya and the commonlaw world. After the promulgation of the constitution of kenya in 2010, the general public, through parliament, sought to reform the judiciary. January 2012, the file was transferred by an order of the court to the high court of. The outer cover of pleadings filed in this court shall be colourcoded as follows. Kenyas top court will hear a petition on wednesday filed by three kenyans that seeks the cancellation of a presidentialelection rerun scheduled for the following day, according to the judiciary. Being an application for stay of execution of the part of the judgment and consequential orders of the court of appeal of kenya musinga, gatembu, and murgor jj.
The full judgement of the kenyan supreme court, including its explanation for the decision to declare the 8 august election null and void is now in, having been announced on 19 september. The first judgement in africa that has upset a presidential election. This petition was launched in the high court at nairobi on 25th january 2012. Judgments are delivered orally by justices in the courtroom. Kenyas chief justice david maraga led other six supreme court judges in delivering the full 2017 kenya supreme court ruling on the presidential election petition case filed by opposition leader and nasa presidential candidate raila odinga against president uhuru kenyatta and iebc. Supreme court of india, through secretary general and others. The 2 n d respondent committed irregularities and illegalities inter alia, in the transmission of results, particulars and the substance of which were given in the detailed and reasoned judgment of the court. Kenyan supreme court full judgement and opinions now in. Introduction 1 kenya is a sovereign republic and a constitutional democracy. Judiciary superior courts in kenya the judiciary under the new constitution under section. Supreme court quashes court of appeal decision that. The judiciary of kenya is the system of courts that interprets and applies the law in kenya. Dia brings you the full text, as well as the text of the dissenting opinions. Superior courts in kenya supreme courts magistrate.
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