On 12th March 2025, the University of Nairobi hosted a landmark public lecture titled "The Apex Court of the Land: Exploring the Supreme Court's Jurisprudence on its Jurisdiction," delivered by Hon. Justice William Ouko, Supreme Court Judge of Kenya. In his thought-provoking address, Justice Ouko provided an in-depth examination of the Supreme Court’s jurisdiction and its evolving role in Kenya’s legal framework. This event, co-hosted by the Faculty of Law in collaboration with Kenyatta University and Mount Kenya University, marked twelve years since the establishment of the Supreme Court, highlighting its impact on constitutional democracy in Kenya.
In his address, Justice Ouko articulated the Supreme Court’s jurisdiction, challenging the perception that its primary role is to adjudicate presidential election petitions. He emphasized its broader constitutional mandate, including constitutional interpretation, advisory opinions, matters of general public importance, state of emergency rulings, and the removal of public officials. He emphasized the Court’s influence in refining electoral laws and ensuring the consistent application of legal principles in governance.
The judge reflected on historic rulings that have shaped Kenya’s legal landscape. He revisited the pivotal decisions in the 2013, 2017, and 2022 presidential petitions, which have refined electoral jurisprudence and set crucial precedents. Beyond electoral matters, he highlighted landmark cases, including the annulment of the Building Bridges Initiative, decisions on NGO registrations, and sentencing reforms that abolished the mandatory death penalty. These rulings, he noted, reinforce the Court’s role in safeguarding constitutional integrity and human rights.
Justice Ouko reiterated the importance of judicial independence, stressing that only matters of significant constitutional interpretation should reach the Supreme Court. He acknowledged the Court’s relatively young status but highlighted its growing influence, with its decisions gaining recognition beyond Kenya’s borders. Despite the challenges and criticisms, it has faced, the Supreme Court remains steadfast in its commitment to justice, constitutionalism, and the rule of law.
The Vice Chancellor Prof. Jesang Hutchinson, in her opening remarks, celebrated the significance of the lecture in deepening understanding of the Supreme Court’s jurisdiction. He affirmed the University’s commitment to fostering intellectual engagement and advancing legal education. He emphasized the role of academia in shaping the future of law and policy, reinforcing the alignment between the University’s mission and the Supreme Court’s constitutional mandate.
The Dean of the Faculty of Law Prof. Winfred Kamau expressed pride in hosting the event and in collaborating with peer institutions. She highlighted the importance of legal scholarship in shaping national discourse and commended the Supreme Court’s contribution to the country’s legal evolution. She encouraged students and legal professionals to actively engage with the Court’s jurisprudence, recognizing its significance in defending constitutional democracy.
The event concluded with a call for continued dialogue on judicial processes and constitutional interpretation. The discussion provided invaluable insights into the Supreme Court’s function, reaffirming its role as the guardian of the Constitution. The University of Nairobi remains committed to promoting legal discourse that strengthens Kenya’s legal and democratic institutions.
