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 and not more than thirty.

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The court handles appeals arising over the decisions of the High Court of Kenya as well as any other court or tribunal as provided for in law. The judges of the Court of Appeal elect a president 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.

Composition

The Constitution limits the number of Court of Appeal Judges to 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 of Appeal from among themselves. The current president is Justice William Ouko.[1]

Current justices

The following are the current members of the Court of Appeal:[2]

  • Hon. Mr. Justice William Ouko - President of the Court of Appeal
  • Hon. Lady Justice Roselyn Nambuye
  • Hon. Lady Justice Wanjiru Karanja
  • Hon. Lady Justice Martha Koome
  • Hon. Lady Justice Hannah Okwengu
  • Hon. Mr. Justice Mohamed Warsame
  • Hon. Mr. Justice Milton Asike Makhandia
  • Hon. Mr. Justice Daniel Musinga
  • Hon. Mr. Justice Patrick Kiage
  • Hon. Mr. Justice Steven Kairu
  • Hon. Mr. Justice Kathurima M'inoti
  • Hon. Lady Justice Agnes Murgor
  • Hon. Lady Justice Fatuma Sichale
  • Hon. Lady Justice Jamila Mohammed
  • Hon. Mr. Justice Sankale Ole Kantai

Former justices

The following are former members of the Court of Appeal:[2]

  • 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 in
  • 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 – (Retired on February 27, 2011)
  • 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[3]
  • Hon. Mr. Justice Samuel E O Bosire[3]
  • Hon. Mr. Justice Emmanuel O'kubasu[3]
  • Hon. Mr. Justice J G Nyamu[3]
  • Hon. Lady Justice Effie Owuor
  • Hon. Lady Justice Joyce Aluoch

Jurisdiction

The Court of Appeal has jurisdiction to hear appeals from the High Court and any other court or tribunal as prescribed by an Act of Parliament. It also hears contempt of court as original jurisdiction.

References
  1. "Official to fill post that has been vacant after Baraza's exit". 12 March 2018. Retrieved 13 August 2018.
  2. http://www.kenyalaw.org/klr/index.php?id=118
  3. http://www.jmvb.or.ke/images/documents/determinations.pdf%5B%5D


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