2015/16 Yearbook Judiciary

Court of Appeal Decisions

CIVIL APPEAL NO 21 OF 2014

This was an appeal from the judgment of the High Court of Kenya between Martin Wambora and three others and the Speaker of the Senate and 6 others.

The issue before the Court of Appeal revolved around the concepts of separation and balance of power, that is that the power of the three branches of a democratic government should not be concentrated on one branch, but should be distributed in such away that each branch can independently carry out its functions.

A second issue before the court was the criteria of removal of a governor from office and whether the High Court has jurisdiction to remove a governor from office. The court held that no parliament, no official and no institution is immune from judicial scrutiny.

That it is the Constitution, not parliament nor the executive nor judiciary, which is supreme.

The judgment of the High Court was affirmed to the effect that the doctrine and the concept of separation of powers cannot oust the jurisdiction of the courts to interpret the constitution in accordance with article 165 (3)(d)(iii).