Disability is not Inability

:: The Constititutional Court

INTRODUCTION

The Constitutional Court is governed by the following laws:

1. The Consitution of Kenya

2. Rule made vide the constitution legal notice 133 of 2001 (now repealed). Matters commenced before Februry 2006 proceed under transitional provisions.

3. Rules made under the Constitution Legal Notice No. 6 of 2006, commenced on 17th February 2006.

JURISDICTRION

1. Supervisory Jurisdiction

Section 65 of the Constitution empowers the High Court to supervise any civil or criminal proceedings in a subordinate court.

Procedure

* An application may be by way of an Originating Notice of Motion on FORM A, supported by an affidavit.

* The Court may move on its own motion

2. Interpretative Jurisdiction

Section 67 of the Constitution places the primary obligation of Constitutional interpretation on the High Court.

Procedure

.The subordinate court may refer the question to the High Court on its own motion on From B.

or

A party may move the subordinate court to refer the question to the High Court on Form C.

* The reference is sent to the High Court within 14 days.

* The Hon, The Chief Justice may constitute a bench under Section 67(3) of the Constitution.

* Matter is sent back to the subordinate court after the high Court's ruling.

. If an issue arises in proceedings before the High Court, it is referred to the Hon. The Chief Justice to constitute a bench.

3. Enforcement Jurisdiction

The High Court has the power to enquire into allegations of contravention of fundamental rights and freedoms and enforce them under Section 84 (Chapter V).

Procedure

.* Application is made by petition supported by Affidavit on FORM D.

* Other parties to be served within 7 days of filing of petition.

* Respondent files a reply within 14 days of service of the petition

* Further affidavits may be filed within 7 days.

* The petition is placed before the judge within 7 days for directions.

* One may appply for conservatory orders by way of Chamber Summons

* If allegations of contravention are made in the subordinate court, the court on its own initiative may refer the matter to the High Court on FORM E.

OR

* A party in the subordinate court may move the court to frame the question and refer to the High Court on FORM F.

* Reference is placed before the Judge within 7 days

* Where an issue arises before the High Court, that court may treat it as a preliminary point.

* Hearing

* Ruling

:: Back to Contents Page

Category: Community policy

<< Back to community | Back to Disability Kenya >>