When Kenyans voted for the 2010 Constitution, they did more than change the structure of government—they gave birth to a new era of justice. At the heart of that change stood the Supreme Court of Kenya, established to serve as the nation’s highest and final court of law. But what exactly does this powerful institution do, and how does it affect the life of an ordinary Kenyan?
The Supreme Court Act of 2011 spells it out clearly: the Court exists to assert the supremacy of the Constitution, uphold the sovereignty of the people, and ensure justice is accessible to all. In simple terms, it is the ultimate guardian of Kenya’s laws and democracy.
How Citizens Access the Court
Accessing the Supreme Court may sound daunting, but the Act emphasizes access to justice for all. Petitions and appeals are filed through the Supreme Court Registry, located in Nairobi. The law also allows for cases to be filed electronically and for fees to be waived or reduced if someone cannot afford them.
People can appear in person or be represented by a lawyer, and in special circumstances, the Court can assign an advocate to represent a person who cannot afford one. This ensures that justice is not reserved for the rich or powerful.
Safeguarding Integrity and Order
The Act also protects the dignity of the Court. Anyone who insults, threatens, or obstructs a judge, registrar, or witness during court proceedings can be fined up to KSh 500,000 or jailed for up to five days. This is to ensure respect for the rule of law.
The Court also has the power to punish for contempt, enforce its decisions through the High Court, and correct errors in its judgments within 14 days of delivery.
Building Kenya’s Legal Heritage
Beyond resolving disputes, the Supreme Court has a much broader mission: to develop Kenya’s legal identity and jurisprudence—that is, the philosophy and principles that shape how laws are interpreted. The Act encourages the Court to make decisions that reflect Kenya’s history, traditions, and culture while promoting social, economic, and political growth.
This means that the Court’s rulings not only affect individuals but also set important precedents that shape the nation’s future.
Why It Matters
For the ordinary Kenyan, the Supreme Court is more than a courtroom—it is a symbol of accountability and fairness. Whether it is ruling on election results, constitutional disputes, or major public interest cases, its decisions ripple through every level of society.
In a democracy, justice is only as strong as its highest court. The Supreme Court Act of 2011 ensures that this strength remains rooted in independence, transparency, and fairness—values that uphold the promise of the 2010 Constitution.
The Supreme Court stands as Kenya’s judicial torchbearer—interpreting the Constitution, resolving high-stakes disputes, and ensuring that every Kenyan, regardless of status, has a voice in the temple of justice.
The Supreme Court Act of 2011 spells it out clearly: the Court exists to assert the supremacy of the Constitution, uphold the sovereignty of the people, and ensure justice is accessible to all. In simple terms, it is the ultimate guardian of Kenya’s laws and democracy.
What the Supreme Court Does
The Court has several important functions. First and foremost, it hears disputes related to presidential elections. When Kenyans vote for their President, it is the Supreme Court that has the final say in confirming whether the election was conducted fairly and in line with the Constitution.
It also gives advisory opinions—official legal guidance requested by the national or county governments on constitutional matters. This helps avoid legal confusion before disputes escalate.
Additionally, the Court acts as a final appellate body. This means that if someone disagrees with a judgment from the Court of Appeal, they can make a last appeal to the Supreme Court—but only if the Court grants permission (known as “leave to appeal”).
The Court has several important functions. First and foremost, it hears disputes related to presidential elections. When Kenyans vote for their President, it is the Supreme Court that has the final say in confirming whether the election was conducted fairly and in line with the Constitution.
It also gives advisory opinions—official legal guidance requested by the national or county governments on constitutional matters. This helps avoid legal confusion before disputes escalate.
Additionally, the Court acts as a final appellate body. This means that if someone disagrees with a judgment from the Court of Appeal, they can make a last appeal to the Supreme Court—but only if the Court grants permission (known as “leave to appeal”).
How the Court Operates
The Supreme Court is made up of the Chief Justice, the Deputy Chief Justice, and five other judges. The Chief Justice presides over the Court, but if they are absent, the Deputy Chief Justice—or the most senior judge—takes over.
A majority decision by the judges becomes the judgment of the Court. For example, if three judges agree and two disagree, the majority opinion stands as the official ruling.
The Court also has a Registrar, who manages its daily operations, keeps official records, and ensures that judgments are published for public access. Importantly, the Registrar can handle administrative matters, but any party dissatisfied with their decisions may seek a review by a judge.
The Supreme Court is made up of the Chief Justice, the Deputy Chief Justice, and five other judges. The Chief Justice presides over the Court, but if they are absent, the Deputy Chief Justice—or the most senior judge—takes over.
A majority decision by the judges becomes the judgment of the Court. For example, if three judges agree and two disagree, the majority opinion stands as the official ruling.
The Court also has a Registrar, who manages its daily operations, keeps official records, and ensures that judgments are published for public access. Importantly, the Registrar can handle administrative matters, but any party dissatisfied with their decisions may seek a review by a judge.
How Citizens Access the Court
Accessing the Supreme Court may sound daunting, but the Act emphasizes access to justice for all. Petitions and appeals are filed through the Supreme Court Registry, located in Nairobi. The law also allows for cases to be filed electronically and for fees to be waived or reduced if someone cannot afford them.
People can appear in person or be represented by a lawyer, and in special circumstances, the Court can assign an advocate to represent a person who cannot afford one. This ensures that justice is not reserved for the rich or powerful.
Safeguarding Integrity and Order
The Act also protects the dignity of the Court. Anyone who insults, threatens, or obstructs a judge, registrar, or witness during court proceedings can be fined up to KSh 500,000 or jailed for up to five days. This is to ensure respect for the rule of law.
The Court also has the power to punish for contempt, enforce its decisions through the High Court, and correct errors in its judgments within 14 days of delivery.
Building Kenya’s Legal Heritage
Beyond resolving disputes, the Supreme Court has a much broader mission: to develop Kenya’s legal identity and jurisprudence—that is, the philosophy and principles that shape how laws are interpreted. The Act encourages the Court to make decisions that reflect Kenya’s history, traditions, and culture while promoting social, economic, and political growth.
This means that the Court’s rulings not only affect individuals but also set important precedents that shape the nation’s future.
Why It Matters
For the ordinary Kenyan, the Supreme Court is more than a courtroom—it is a symbol of accountability and fairness. Whether it is ruling on election results, constitutional disputes, or major public interest cases, its decisions ripple through every level of society.
In a democracy, justice is only as strong as its highest court. The Supreme Court Act of 2011 ensures that this strength remains rooted in independence, transparency, and fairness—values that uphold the promise of the 2010 Constitution.
The Supreme Court stands as Kenya’s judicial torchbearer—interpreting the Constitution, resolving high-stakes disputes, and ensuring that every Kenyan, regardless of status, has a voice in the temple of justice.
