Kenya: Supreme Court to Deliver Decision on EACJ Jurisdiction on Notice

24 January 2024

Nairobi — The Supreme Court has concluded hearing an application for advisory opinion over the jurisdiction of the East African Court of Justice (EACJ) over matters determined by Kenyan courts.

The State Law Office filed the application on December 12, 2022 after former Constitutional Affairs Minister Martha Karua sought to challenge the outcome of the 2022 presidential election petition at the regional court.

The Attorney General sought an opinion on whether decisions by Kenya's Supreme Court on Kenyan law can be subjected to review by EACJ, and the consequences of the same on sovereignty.

The Department of Justice asked the court to establish the legal effect where the regional court makes a finding that a national court failed to adhere to legal principals including natural justice.

The Supreme Court admitted Karua to the application in September 2023 following an application in January.

"The applicant's proposal/request made on 9th January, 2023 for the admission of Hon. Martha Wangari Karua as a participant in this reference is hereby granted," the court's full bench ruled at the time.

Following conclusion of the hearing on Tuesday, the Supreme Court said it will deliver its decision on notice.

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