The Jurisdictional Remit of the Supreme Court of Kenya Over Questions Involving the ‘Interpretation and Application’ of the Constitution

Abstract

This paper interrogates the vexed question of the jurisdictional limits of the Supreme Court of Kenya under article 163(4)(a) of the Constitution of Kenya, 2010. That provision confers a wide jurisdiction to the Supreme Court whose reach is defined as limited to questions involving the ‘interpretation and application of the Constitution’. Contrary to claims by many commentators, this paper asserts that the Supreme Court of Kenya has not usurped jurisdiction that was not conferred upon it, rather, the court has remained faithful to the constitutionally prescribed jurisdictional frontiers in its work.