THE COURT OF APPEAL OF KENYA

THE COURT OF APPEAL OF KENYA

Establishment: The Court of Appeal is established under Article164 of the Constitution of Kenya 2010.

Composition: The Court of Appeal consists of a number of judges, being not fewer than 12 (twelve), as may be prescribed by an Act of Parliament and the Court is to be organized and administered in the manner prescribed by an Act of Parliament. The Court comprises of a President of the Court of Appeal who is elected by the judges of the Court of Appeal from among themselves. The Court of Appeal Judges retire at the age of 70 years.

Jurisdiction:

The Court of Appeal is a superior court of record therefore it sets precedents. It has limited original jurisdiction. It was created to hear appeals from the High court.

The only moment the Court Appeal can have original jurisdiction is in punishment for contempt of court, and when stating execution of orders of the High Court.

Procedure:

An uneven number of at least three judges shall sit for the determination of any matter by the court. The decision of the court shall be according to the opinion of a majority of the judges who sat for the purposes of determining that matter.

The court has powers to:

i Determine a case finally.

ii Order for a trial.

iii.Order for a re-trial.

iv.Frame issues for the determination of the High Court.

v Receive additional evidence or order that it be taken by another court.