Supreme Court of Kenya has given her opinion concerning the powers and Jurisdiction of the East African Court of Justice regarding decisions made by Kenyan Courts.
The Apex Court in her learned opinion reiterated that it is the final remedy in the search of Justice in Kenya by stating that its decisions can not be appealed in regional courts like the East African Court of Justice.
The Apex Court Judges said EACJ does not have the power to reverse or modify decisions of national courts of member states.
The Judges said the Constitution of Kenya places the Supreme Court as the Apex Court and a court of final judicial authority with the mandate to assert the supremacy of the Constitution and the sovereignty of the people of Kenya.
“We hold and find that the EACJ does not have appellate jurisdiction or merit review jurisdiction over decisions of the Supreme Court of Kenya in matters concerning the interpretation and application of the Constitution of Kenya or any other matter arising from the latter’s decisions,” said the Court.
The Judgement comes as an advisory opinion following an application by the Attorney General on behalf of the Kenyan Government.
The AG, in his application, sought an opinion on whether decisions by Kenya’s Supreme Court on Kenyan law can be subjected to a review by the EACJ.
The reference was triggered by the disputed gubernatorial election results of Kirinyaga following the 2017 general election.
The Judges said the main query before them was whether such a dispute, once determined finally by the Supreme Court, can be subjected to a merit review by the EACJ.
“It is obvious to us that, what international/regional courts are empowered to do, is to conduct procedural reviews on decisions of the national courts and call attention to violations only but in line with the mandate conferred by their parent Treaty or Convention and not national laws,” they said.
They explained that regional and international courts such as the EACJ should only act as agencies and tools for strengthening local conditions, including democracy and the rule of law but not as replacements of state organs.
They reiterated that the Constitution of Kenya is the supreme law of the land.
