Kenya: Supreme Court Allows Karua’s Plea for Audience in AG’s Advisory Request

Mombasa — The Supreme Court has allowed an application by former Constitutional Affairs Minister Martha Karua seeking participation in proceedings for an Advisor Opinion on the wheather decisions by Kenya’s top court can be appealed in regional courts.

The Attorney General filed the application before the country’s apex court on December 14, 2022, prompting Karua’s move to seek admission on January 9.

“The applicant’s proposal/request made on 9th January, 2023 for the admission of Hon. Martha Wangari Karua as a participant in this reference is hereby granted,” the court’s full bench ruled on Friday.

In the application, the State Law Office sought an opinion on whether decisions by Kenya’s Supreme Court on Kenyan law can be subjected to review by the East African Court of Justice (EACJ).

The Department of Justice further asked the court to determine whether any implications on the government and Kenya’s sovereignty may arise from such reviews.

The department asked the court to establish the legal effect where the regional court makes a finding that a national court failed to adhere to legal principals including natural justice.

The Supreme Court allowed Karua 14 days to file her submissions with the Department of Justice expected to respond within seven days thereafter.

“Hon. Martha Wangari Karua’s participation is limited to filing written submissions in response to the reference within 14 days of service of the application/reference. The submissions should be confined to the issues upon which the Court’s Opinion is sought,” the court directed.

The AG moved to Supreme Court after Karua expressed her intention to challenge the outcome of the 2022 presidential election petition at EACJ.


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