Kenya’s Supreme Court Marks 12 Years of Upholding Justice and Constitutionalism

By Samuel Ouma

Kenya’s Supreme Court has kicked off the celebration of its 12th anniversary with the launch of its inaugural conference and exhibition.

The conference was officially opened by Chief Justice Martha Koome, the President of the Judiciary in Nairobi, on Monday, November 4, 2024.Koome emphasized how crucial the Supreme Court is to upholding democracy and directing Kenya's geopolitical progress.

The Chief Justice referred to the Supreme Court as a "guardian of the Constitution" and a symbol of stability in settling social disputes, highlighting the necessity of robust and resilient institutions to propel national advancement.

“At the heart of this conference is the idea that institutions matter. They are the anchors of our democratic aspirations,” said Chief Justice Martha Koome.

Through historic decisions and advisory opinions, the Supreme Court has significantly shaped Kenya's legal system since its founding in 2011, establishing important precedents that impact Kenyans' daily lives and uphold democratic values.

The Supreme Court has set standards for holding free, fair, and transparent elections during its twelve years in office by presiding over four presidential election petitions across three election cycles.

According to the Chief Justice, these decisions have promoted public confidence in the legal system while preserving electoral stability and integrity during Kenya's most crucial democratic processes.

To strengthen devolution as a cornerstone of the Constitution, the Supreme Court has also issued significant Advisory Opinions that have clarified the relationships between the National Assembly and the Senate and defined the frameworks of Kenya's devolution system.

“Through defining the parameters for constitutional amendments in the BBI Case and establishing principles of public participation in the BAT and Finance Act, 2023 Cases, the Court’s jurisprudence has strengthened the democratic foundations of governance and harmonizing the Judiciary’s benchmarks on the area of public participation that still requires Parliamentary action,” added Koome.

Chief Justice Koome also emphasized how important the Supreme Court's decisions are in advancing social justice and human rights.
Land-grabbing issues have been addressed by landmark rulings in cases like Dina Management, Torino, Fanikiwa, and Isaack M'Inanga Kiebia, reinforcing equitable land access and land tenure security.

These decisions acknowledge the significance of customary trusts in the land registration system and have addressed Kenya's long-standing land rights challenges.

Chief Justice Koome assured Kenyans that the Court is committed to constitutional guardianship and the rule of law.

“I assure Kenyans that the Supreme Court will stand rock solid as a constant guardian of the Constitution and the rule of law in changing times. The Court will continue to be a beacon of justice, a champion of constitutionalism, and a defender of the rule of law going into the future,” said the Chief Justice.