The Supreme Court jurisdiction is set out under Articles 58(5), 163(3), (4), (5) &(6), 168(8) of the Constitution and Sections 12, 13, 15, 29 and 40 of the Supreme Court Act No. 7 of 2011 Laws of Kenya, as follows, to:-
- Exclusively hear and determine disputes relating to the Presidential elections.
- Hear and determine appeals from the Court of Appeal:
- as of right where the case involves interpretation or application of the Constitution.
- where the Supreme Court or the Court of Appeal certifies that a matter of general public importance is involved. A certification by the Court of Appeal may be reviewed by the Supreme Court and either affirmed, varied or overturned.
- Hear and determine Appeals from any other court or tribunal, as prescribed by national legislation.
- Render advisory opinion at the request of the National Government, any State organ, or any County Government.
- Hear and determine the validity of state of emergency, specifically on:-
- a declaration of a state of emergency;
- an extension of such declaration, or
- any legislation enacted or action taken in consequence of a declaration of a state of emergency.
- Hear and determine appeals against a tribunal’s recommendation for the removal of a Judge.