The Supreme Court of Kenya has granted former Constitutional Affairs Minister Martha Karua the right to participate in proceedings concerning an Advisor Opinion on whether decisions made by Kenya’s highest court can be appealed in regional courts.
This decision follows an application made by the Attorney General on December 14, 2022, and Martha Karua’s subsequent request for admission on January 9, 2023.
The full bench of the Supreme Court ruled on Friday to allow Martha Karua’s participation, affirming her request. In the application filed by the State Law Office, the court was asked to provide an opinion on the possibility of subjecting decisions made by Kenya’s Supreme Court concerning Kenyan law to review by the East African Court of Justice (EACJ).
Additionally, the Department of Justice sought the court’s determination on whether any implications on the government and Kenya’s sovereignty may arise from such reviews.
They also asked the court to establish the legal consequences should the regional court make a finding that a national court failed to adhere to legal principles, including natural justice.
In response to the Supreme Court’s decision, Martha Karua has been given a 14-day window to file her submissions, with the Department of Justice expected to respond within seven days thereafter.
The court has clarified that Karua’s participation is limited to submitting written responses to the reference and should focus exclusively on the issues upon which the Court’s Opinion is sought.
The Attorney General initiated this legal process in response to Martha Karua’s expressed intention to challenge the outcome of the 2022 presidential election petition at the East African Court of Justice.
This development underscores the ongoing debate over the extent of regional courts’ jurisdiction and their role in reviewing national court decisions, raising important questions about the relationship between national sovereignty and regional legal bodies.
The Supreme Court’s decision to allow Martha Karua’s participation in this matter reflects the growing complexity of legal issues at the intersection of national and regional jurisdictions, with potential implications for Kenya’s legal landscape and its relationship with regional bodies such as the EACJ.
By News Hub Creator