Kenya’s Supreme Court Asserts Independence from East African Court of Justice
The Supreme Court of Kenya has declared its autonomy by stating that its decisions cannot be challenged by the East African Court of Justice (EACJ). In a significant ruling, the apex court emphasized that judgments finalized by the Supreme Court are not subject to review by regional courts, dismissing attempts by opposition leader Martha Karua and Senior Counsel Ahmednasir Abdullahi to appeal decisions.
The Attorney-General sought the court’s opinion on the consequences of EACJ rulings on Kenya’s sovereignty. The court’s decision highlights concerns about conflicting judgments between national courts and the EACJ, potentially undermining the rule of law in Kenya.
While the EAC Treaty allows for regional court oversight, the Supreme Court emphasized its role as the final authority on matters relating to the Kenyan Constitution. The judges affirmed that domestic courts have the mandate to interpret laws and evidence, with finality resting with the Supreme Court.
As Kenya continues to navigate legal challenges, the Supreme Court’s ruling underscores the importance of upholding national sovereignty and the rule of law in the face of regional judicial scrutiny.
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