Advisory Opinion Jurisdiction of the Supreme Court: Re Matter of an Application by Kituo Cha Sheria for an Advisory Opinion under Article 163(6) of the Constitution (Legal Advice Centre T/A Kituo cha Sheria & AG 2024)
Following a preliminary objection by the Respondent regarding the Applicant's locus standi, the Applicant tried to argue that the language used under Article 163 (6), which gives locus standi to national, county, and state organs to obtain advisory opinions from the SCOK, can be broadly interpreted to mean the people by citing the meaning of 'state' and 'county government' by the Blacks Law Dictionary. The court held that it had pronounced itself on this issue of jurisdiction again in various cases, notably Re Interim Independent Electoral Commission [2011] eKLR where it issued guidelines on how it can exercise the jurisdiction: The reference must be regarding any matter concerning county governments (to be determined on case by case basis). The party must be the National Govt, County Govt or State Organ (defined under Art 260 of the Constitution) Where the reference concerns a matter before a lower court, the SCOK must be hesitant to hear it. However, it can do so...