Court of Appeal of Kenya

The Court of Appeal of Kenya is established under Article 164 of the constitution of Kenya and consists of a number of judges, being not fewer than twelve.

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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, Mombasa, Nyeri, Kisumu, Nakuru and Eldoret.[1]

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:[2]

  • 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:[2]

  • Hon. Lady Justice Martha Koome - 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, 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 - 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[3]
  • Hon. Mr. Justice Samuel E O Bosire - found unsuitable to continue serving by the Judges & Magistrates Vetting Board[3]
  • Hon. Mr. Justice Emmanuel O'kubasu - found unsuitable to continue serving by the Judges & Magistrates Vetting Board[3]
  • Hon. Mr. Justice J G Nyamu - found unsuitable to continue serving by the Judges & Magistrates Vetting Board[3]
  • Hon. Lady Justice Effie Owuor
  • Hon. Lady Justice Joyce Aluoch
  • 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
  1. "Court of Appeal – The Judiciary of Kenya". Retrieved 2021-05-20.
  2. "Kenya Law Reports: Judges of Appeal". Archived from the original on 2013-02-01. Retrieved 2012-12-26.
  3. http://www.jmvb.or.ke/images/documents/determinations.pdf%5B%5D
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