Constitution of Kenya

163. Supreme Court

(1) There is established the Supreme Court, which shall consists of--

(a) the Chief Justice, who shall be the president of the court;
(b) the Deputy Chief Justice, who shall--

(i) deputise for the Chief Justice; and
(ii) be the vice-president of the court; and

(c) five other judges.

(2) The Supreme Court shall be properly constituted for the purposes of its proceedings if it is composed of five judges.
(3) The Supreme Court shall have--

(a) exclusive original jurisdiction to hear and determine disputes relating to the elections 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.

(4) Appeals shall lie from the Court of Appeal to the Supreme Court--

(a) as of right in 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, certifies that a matter of general public importance is involved, subject to clause (5).

(5) A certification by the Court of Appeal under clause (4) (b) may be reviewed by the Supreme Court, and either affirmed, varied or overturned.
(6) 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.
(7) All courts, other than the Supreme Court, are bound by the decisions of the Supreme Court.
(8) The Supreme Court shall make rules for the exercise of its jurisdiction.
(9) An Act of Parliament may make further provision for the operation of the Supreme Court.

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