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Jurisdiction of the Court

The Court derives its mandate from the Constitution of Kenya, 2010. The Constitution confers upon the Court powers to exercise diverse jurisdictions as follows:

Under Article 163(3)(a), the Court has exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of the President. In exercise of this jurisdiction, pursuant to Article 140(2), the Court must hear and determine such petitions within 14 days after the filing of the petition.

Pursuant to Article 163(3)(b), 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. Appeals from the Court of Appeal lie to the Court in two ways: first, as of right in any case involving the interpretation or application of the Constitution in accordance with Article 163(4)(a); and second, by virtue of Article 163(4)(b), upon certification by either the Court of Appeal or the Court, that a matter of general public importance is involved in the intended appeal.

Article 163(6) of the Constitution vests the Court with the power to 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 may hear and determine an appeal by a judge aggrieved by a decision of a tribunal formed under Article 168 of the Constitution to consider his/her removal.

The Court, pursuant to Article 58(5), has jurisdiction to consider applications emanating from a declaration of a State of Emergency. The jurisdiction of the Court in this regard has not yet been exercised

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