The Nature of Matters Respectively Litigated the Superior Courts of Kenya

Abstract

Kenya still enjoys a relatively new Constitution enacted in the year 2010. In effect, the Constitution is just about to clock it's 8th birthday. The Constitutional ontology of Kenya shows that the clamor for this Constitution came about after years of agitation for a new governing system that ensured increased universal suffrage, an end to arbitrariness and entrenchment of constitutionalism, access to justice and increasing the minimum threshold of enjoyment of human rights. However, Kenya still grapples with the interpretation of the Constitution. There is a new clamor to amend the Constitution which means that Kenyans may have to hold a referendum to amend it. This has been contested by various scholars, legislators and judicial officers who fault the cause of this new clamor as a result of a misinterpretation of the Constitution. The role of key institutions as provided for in the Constitution is also a burning matter. This paper, analyses the jurisdiction of Kenya's superior court in a bid to assist in addressing the misconceptions on their respective roles and jurisdiction.