Constitution of Kenya, 2010
98
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.
Court of Appeal.
164. (1) There is established the Court of Appeal, which—
(a) shall consist of the number of judges, being not fewer than
twelve, as may be prescribed by an Act of Parliament; and
(b) shall be organised and administered in the manner prescribed
by an Act of Parliament.
(2) There shall be a president of the Court of Appeal who shall be
elected by the judges of the Court of Appeal from among themselves.
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