R U L I N G
BACKGROUND
[1] The applicant herein is the Kenya National Commission on Human Rights. The applicant, by way of Reference No.1 of 2012, seeks to invoke the Supreme Court’s Advisory Opinion Jurisdiction pursuant to the provisions of Article 163 (6) of the Constitution. The said Article provides that:
“The Supreme Court may 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.”
[2] The applicant seeks an advisory opinion from this Court to the effect that “Rule 40 (1) of the Supreme Court Rules 2011 published under Legal Notice No. 141 pursuant to the Supreme Court Act No. 7 of 2011 and Article 163 (8) of the Constitution of Kenya is restrictive and requires re-drafting and/or amendment to enable parties other than the national government, county governments and State organs to seek the advisory opinion of this Honorable Court under Article 163(6) of the Constitution o…