Supreme Court Act

The Act may be cited as the Supreme Court Act.

Provides definitions and interpretive meanings for terms used in the Act, including the Chief Justice, Court, Deputy Chief Justice, petition, preliminary procedures, president, proceedings, Registry, Registrar, rules, and Supreme Court.

States that the Constitution is supreme and that the people of Kenya are sovereign.

The Court retains the power to make orders or give directions necessary for the administration of justice.

Section 10 lists the functions of the Registrar, including maintaining the Registry, handling court documents, taxing costs, certifying orders, keeping records, managing staff and the library, administering the Court day-to-day, ensuring publication of judgments, undertaking duties assigned by the Court, and permitting the Registrar to dispose of procedural or administrative matters under the rules or Chief Justice's direction.

A person aggrieved by a Registrar's decision made under the rules may apply to a Supreme Court judge for review; the judge may confirm, modify or reverse the decision; no fee is payable for such an application.

Case management.

A vacancy in the Supreme Court does not affect the Court's jurisdiction, subject to Article 163 (2) of the Constitution.

Specifies the order of precedence: the Chief Justice ranks first; the Deputy Chief Justice ranks immediately after the Chief Justice; other judges rank by date of appointment, with ties resolved by professional seniority.

The Chief Justice shall preside over the Supreme Court; if the Chief Justice is absent the Deputy Chief Justice shall preside; if both are absent or their offices are vacant the most senior available judge shall preside and perform necessary administrative duties; such presiding under subsection (2) is conclusive proof of authority and judgments or actions of the Court cannot be questioned on that ground.

The president must be the head of the Court and shall oversee the proper management and administration of the Court.

If one or more judges are absent at a Supreme Court sitting, the judges present may adjourn the sitting; if all judges are absent, the Registrar must adjourn the sitting until the Court next convenes.

Section 8 was repealed by Act No.26 of 2022, s. 8.

The Registrar and other officers shall exercise powers and perform duties as conferred on them under directions of the Court, the rules of court, and the Chief Justice.

The Independent Electoral and Boundaries Commission must, within forty-eight hours from service of a presidential election petition, submit to the Supreme Court certified copies of the documents used to declare the presidential election results, including specified forms from polling station, constituency and national tallying centres; an application to the Supreme Court must be submitted by petition and comply with procedures prescribed by the rules.

The Court may invite experts and may decline to assume jurisdiction on advisory opinion requests; a request must state specific questions and advisory opinions are binding like other Court decisions.

A petition under subsection (1) must be made in accordance with the Rules made under this Act.

Section 14 is repealed by Act No.26 of 2022, s. 15.

Appeals to the Supreme Court may be heard only if the Supreme Court grants leave, except that this requirement does not apply to appeals from the Court of Appeal on constitutional interpretation or application.

Appeals from the Court of Appeal to the Supreme Court lie as of right in any case involving interpretation of the Constitution.

An application for certification must be filed before, and must be determined by, the Court of Appeal at the first instance.

A judge of a superior court who is aggrieved by a tribunal decision under Article 168 may appeal directly to the Supreme Court within ten days after the tribunal makes its recommendations.

Section 16 has been repealed by Act No.26 of 2022, s. 18.

Section 17 has been repealed by Act No.26 of 2022, s. 19.

The Court may order summary dismissal of a petition, reference or application that is plainly wholly defective.

Section 19 was repealed by Act No.26 of 2022, s. 21.

The Court may admit further evidence when deciding an appeal if it considers it necessary and appropriate, including where any of the listed subsection conditions (a)–(h) apply.

The Supreme Court may make orders or grant relief on appeal, make ancillary or interlocutory orders (including costs), make orders to determine the real question in issue and direct inquiries of the court below, and may correct oversights or clerical errors on judgment or orders.

Permits review of a decision when the judgment, ruling or order was obtained through fraud, deceit or misrepresentation of facts.

The Supreme Court may remit proceedings to any court that has jurisdiction over the matter.

Section 23(1) requires the Supreme Court to comprise five Judges; Section 23(2C) permits an aggrieved party to apply for review by five or more judges.

An application under subsection (1) shall only be made after filing the petition before the Court.

A single judge may issue interlocutory orders or directions during preliminary procedures (subject to the Act), but those orders must not decide issues reserved for proceedings; such orders lapse after fourteen days unless confirmed by the Court.

The Supreme Court's judgement must follow the opinion of the majority of the Judges; if evenly split the decision under review is affirmed; the Chief Justice may substitute a judge who cannot deliver judgement and the substitute must rely on the record.

Judgement may be delivered in open court or by physical or electronic service; judges who heard a Supreme Court matter do not all have to be present when the judgement is delivered on another day.

The High Court may enforce decisions of the Supreme Court.

Section 28 defines contempt offences (assaulting, insulting, interrupting, disobeying court orders), permits police to detain contemnors by judge's order, empowers the Court to sentence up to six months imprisonment or a fine up to one million shillings (or both), preserves inherent powers to punish, bars initiation of contempt proceedings by the Court after twelve months, and allows denying audience up to eighteen months.

The Supreme Court decides the design of its seal, and the Registrar must keep the seal in custody.

Addresses nomination and the conduct of the election of the Court's representative to the Judicial Service Commission.

The Court may establish committees to manage its affairs, including judges' and staff welfare.

The Court must promote and encourage alternative dispute resolution (ADR) in proceedings, and a matter may be referred to ADR either by the Court on its own motion or at the request of the parties.

The Court must hold three sittings each year; the sittings occur in three defined periods (mid-Jan to before Good Friday; after Easter Week to 31 July; and 16 Sep to 20 Dec).

Every judge of the Court must sign and ascribe to the Judicial Code of Conduct.

Parties may appear in person or be represented by an advocate in all proceedings before the Supreme Court.

This section regulates the sittings of the Supreme Court and the selection of judges for any particular purpose.