by admin on | 2025-02-04 16:22:21 Last Updated by admin on 2025-02-06 12:19:14
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The Supreme Court of Kenya (KESC) is established under Article 163 of the Constitution of Kenya 2010 and the Supreme Court Act 2011 as the apex court. Its jurisdiction includes hearing and determining appeals from the Court of Appeal on the interpretation and application of the 2010 Constitution. The KESC has had an opportunity to pronounce itself on matters of post-2010 constitutional amendments when it was called upon to determine the constitutionality of the Constitution of Kenya (Amendment) Bill 2020. This Bill was a product of the Building Bridges Initiative (BBI)—a device of political ceasefire between the then President Uhuru Kenyatta and opposition chief Raila Odinga, which was purportedly established to promote national unity. The BBI was established following the 2017 presidential election, its nullification by the KESC, the rerun which was boycotted by Odinga, his subsequent mock swearing-in as the ‘People’s President’ by the controversial lawyer Miguna Miguna, and the protracted mass protests. To a great extent, the KESC has developed Indigenous and progressive jurisprudence on constitutional amendments, that is, Kenyanprudence. In the BBI case, the KESC heard and determined issues such as applying the basic structure ‘doctrine’ in the Kenyan context and the remit of popular initiative amendments, including whether State actors (like the President) can initiate such amendments. This brief paper looks into the Kenyanprudence on constitutional amendments per the procedures under Chapter 16 (Articles 255, 256, and 257) from the KESC...
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