RULING OF THE COURT
The Constitution of Kenya 2010 which was promulgated on 27th August 2010 materially changed the structure of the Judiciary as it hitherto existed. It among other things created the Supreme Court under Article 163(1). It defined the jurisdiction of the Supreme Court at Article 163(3) in the following terms:
“(3) The Supreme Court shall have:-
(a) exclusive original jurisdiction to hear and determine disputes relating to election to the office of President arising under Article 140;
and
(b) subject to clause (4) and (5) appellate jurisdiction to hear and determine appeals from;
(i) the Court of Appeal; and
(ii) any other court or tribunal as prescribed by national legislation.”
Of relevance to this ruling is clause (4) which articulates which appeals will lie to the Supreme Court from this Court. These are:
4(a) “as of right any case involving the interpretation or application of this Constitution;
and
(b) in any other case, in which the Supreme Court or the Court of Appeal…