Attorney General of the Republic of Kenya v Karua and Others (Appeal No.4 of 2021)
Attorney General of the Republic of Kenya v Karua and Others (Appeal No.4 of 2021) [2022] EACJ 18 (28 February 2022) (Appellate Division)
The EACJ Appellate Division held that it does not exercise appellate jurisdiction over national courts, including the Supreme Court of Kenya, but is empowered to determine whether acts or omissions of Partner State organs, including judicial organs, violate the EAC Treaty. The Court found that the Reference was properly before it, as the impugned act was the Supreme Court's decision, and the Reference was filed within the two-month limitation period prescribed by Article 30(2) of the Treaty. The Court affirmed that access to justice and the rule of law are fundamental and operational principl…
Source excerpt
- Access To Justice
- Rule Of Law
- State Responsibility
- Judicial Review Of State Action
- Eac Treaty Interpretation
- Electoral Dispute Resolution