The Court of Appeal of Kenya is established under Article 164 of the
constitution of Kenya
The Constitution of Kenya is the supreme lawof the Republic of Kenya. There have been three significant versions of the constitution, with the most recent redraft being enabled in 2010. The 2010 edition replaced the 1963 independence constitu ...
and consists of a number of judges, being not fewer than twelve.
The court handles appeals arising over the decisions of the
High Court of Kenya, the Environment & Land Court and the Employment & Labour Relations Court as well as any other court or tribunal as provided for in law. The judges of the Court of Appeal elect one Judge to represent them on the
Judicial Service Commission.
The Court of Appeal currently has six registries, one each in
Nairobi
Nairobi ( ) is the capital and largest city of Kenya. The name is derived from the Maasai phrase ''Enkare Nairobi'', which translates to "place of cool waters", a reference to the Nairobi River which flows through the city. The city proper ha ...
, Mombasa,
Nyeri
Nyeri is a town situated in the Central Highlands of Kenya. It is the county headquarters of Nyeri County. The town was the central administrative headquarters of the country's former Central Province. Following the dissolution of the former pr ...
, Kisumu,
Nakuru
Nakuru is a city in the Rift Valley region of Kenya. It is the capital of Nakuru County, and was formerly the capital of Rift Valley Province. As of 2019, Nakuru had an urban and rural population of 570,674 inhabitants, making it the largest ...
and
Eldoret
Eldoret is a principal town in the Rift Valley region of Kenya and serves as the capital of Uasin Gishu County. The town was referred to by white settlers as Farm 64, 64 and colloquially by locals as 'Sisibo'. As per the 2019 Kenya Population ...
.
Composition
The Constitution and the Court of Appeal (Organization and Administration) Act, 2015 set the minimum number of Court of Appeal Judges at 12 while the Judicature Act sets the maximum at 30.
Each case is heard by a collegiate bench with an odd number of Judges subject to a minimum of three Judges. In practice, however, nearly all cases are heard by a three-judge bench. A few exceptional cases have been heard by five or seven judges.
The court is headed by a President of the Court of Appeal who is elected by the Judges of the Court from among themselves. The current President of the Court is Hon. Justice Daniel Isokolo Musinga who was elected on May 24, 2021.
Current justices
The following are the current members of the Court of Appeal:
*Mr. Daniel Isokolo Musinga - President, Court of Appeal
*Lady Justice Wanjiru Karanja
*Lady Justice
H. M. Okwengu
*Mr. Justice M. Warsame (Commissioner to the JSC)
*Mr. Justice M.S.A. Makhandia
*Mr. Justice Patrick O. Kiage
*Mr. Justice S. Gatembu Kairu
*Mr. Justice Kathurima M’inoti
*Lady Justice Agnes K. Murgor
*Lady Justice Fatuma Sichale
*Lady Justice Jamila Mohammed
*Mr. Justice Sankale Ole Kantai
*Lady Justice Hellen Omondi
*Mr. Justice Francis Tuiyott
*Lady Justice Jessie Lesiit
*Lady Justice Mumbi Ngugi
*Lady Justice Pauline Nyamweya
*Mr. Justice Imaana Laibuta
*Mr. Justice Luka Kiprotich Kimaru
*Mr. Justice Paul Mwaniki Gachoka
*Lady Justice Lydia Awino Achode
*Mr. Justice Frederick Andago Ochieng
*Mr. Justice John Mutinga Mativo
*Lady Justice Grace Wangui Ngenye
*Lady Justice Abida Ali Aroni
*Mr. Justice Aggrey Muchelule
*Mr. Justice Weldon Korir
*Mr. Justice George Vincent Odunga
*Mr. Justice (Prof) Joel Ngugi
Former justices
The following are former members of the Court of Appeal:
* Hon. Lady Justice
Martha Koome
Martha Karambu Koome (born 3 June 1960) is a Kenyan advocate who is currently serving as the Chief Justice of Kenya, and is the first woman to occupy the post.
Early life and education
Koome was born on 3 June 1960 in Kithiu village, Meru Di ...
- appointed as the Chief Justice on May 19, 2021
*Hon. Justice
William Ouko, former President of the Court of Appeal - appointed as Judge of the Supreme Court on May 11, 2021
*Hon. Mr. Justice Erastus M. Githinji - retired in December 2019, appointed by President Kenyatta to chair Tax Appeals Tribunal
* Hon. Mr. Justice (Prof.) James Otieno Odek - died December 16, 2019
* Hon. Mr. Justice
Philip N Waki - retired in October 2019
* Hon. Mr. Justice
Alnashir R M Visram - retired in August 2019
* Hon. Mr. Justice John Walter Onyango Otieno - retired
* Hon. Mr. Justice Festus Azangalala - retired
* Hon. Mr. Justice
Paul Kihara Kariuki
Paul Kihara Kariuki is a Kenyan lawyer and a former court of appeal president and judge. He was nominated for the post of Office of Attorney General of Kenya by President Uhuru Kenyatta on 13 February 2018 following the resignation of Githu Muigai ...
, former President of the Court of Appeal - Appointed Attorney General in March 2018
* Hon. Lady Justice Philomena Mwilu - Appointed Deputy Chief Justice & Vice President of the Supreme Court
* Hon. Mr. Justice
David Kenani Maraga - Appointed Chief Justice & President of the Supreme Court
* Hon. Mr. Justice John Wycliffe Mwera - Retired
* Hon. Mr. Justice
Johnson Evans Gicheru – Former Chief Justice under the repealed Constitution, retired on February 27, 2011, and died on December 25, 2020
* Hon. Mr. Justice
Philip Kiptoo Tunoi - Appointed Judge of the Supreme Court on June 16, 2011
* Hon. Mr. Justice M Ole Keiwua - died October 8, 2011
* Hon. Lady Justice
Kalpana Rawal
Kalpana Hasmukhrai Rawal (born 15 January 1946 in Bhuj, India) is a Kenyan-Asian lawyer and the former Deputy Chief Justice and Vice President of the Supreme Court of Kenya. She was sworn in on June 3, 2013 as the Deputy Chief Justice of Kenya in ...
- Appointed Judge of the Supreme Court on June 3, 2013
* Hon. Mr. Justice
Riaga S C Omolo - found unsuitable to continue serving by the Judges & Magistrates Vetting Board
[http://www.jmvb.or.ke/images/documents/determinations.pdf]
* Hon. Mr. Justice
Samuel E O Bosire - found unsuitable to continue serving by the Judges & Magistrates Vetting Board
* Hon. Mr. Justice
Emmanuel O'kubasu - found unsuitable to continue serving by the Judges & Magistrates Vetting Board
* Hon. Mr. Justice
J G Nyamu - found unsuitable to continue serving by the Judges & Magistrates Vetting Board
* Hon. Lady Justice
Effie Owuor
Effie Owuor (born 1943) is a Kenyan lawyer and judge who was the country's first female State Counsel, Magistrate, High Court (Kenya), High Court Judge, and Court of Appeal of Kenya, Court of Appeal Judge.
Early life and education
Owuor was born ...
* Hon. Lady Justice
Joyce Aluoch
Joyce Aluoch (born 1947) is a Kenyan lawyer who served as Judge of the International Criminal Court from 2009 until 2018. She is a former judge of the High Court of Kenya. In addition to her career as a judge, she was the First Chairperson of the ...
*Hon. Justice
Aaron Ringera
*Hon. Lady Justice R. Nambuye
*Hon. Mr. Justice Msagha Mbogholi
Jurisdiction
The Court of Appeal has jurisdiction to hear appeals from the High Court, the Environment & Land Court and the Employment & Labour Relations Court. It also has jurisdiction to hear appeals from any other court or tribunal as prescribed by an Act of Parliament. It also hears contempt of court as original jurisdiction.
References
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External links
Official Website
Government of Kenya
Judiciary of Kenya
Courts and tribunals with year of establishment missing