May 2019 Q1 b.
In two points each, write short notes on the following:
Jurisdiction of the Supreme Court (4 marks)
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The Supreme Court is
- the final court of appeal;
- has authority under Article 130 to exercise all the powers, authority and jurisdiction vested in any court established by the Constitution or any other law;
- having exclusive original jurisdiction in the interpretation and enforcement of the Constitution;
- having exclusive original jurisdiction in all matters on whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under this Constitution;
- The Supreme Court has exclusive jurisdiction to determine whether an official document shall be produced in court where its production or disclosure of the content will be prejudicial to the security of the State or will be injurious to the public interest.
- The Supreme Court has supervisory jurisdiction over all courts and over any adjudicating authorities. In situations where questions about the law are raised, the Supreme Court has the jurisdiction of expressing the final opinion on the matter.
- It is the only court with the right to hear appeals that may come from the National House of Chiefs.
- The Supreme Court has Original jurisdiction in elections, namely Presidential election petition, Appeals from the National House of Chiefs.
(Any 2 points)