Opinion: Supreme Court will do well to revisit rulings on jurisdiction

Supreme Court of Kenya

Jurisdiction is a central tenet of the principled and rational exercise of power in liberal systems of governance. It ensures that powers accorded to individuals and institutions are exercised subject to and within the limits of the authorising framework.

In the context of institutional powers authorised by the Constitution of Kenya, 2010, jurisdiction determines the legality and propriety of conduct, as well as the extent to which institutional actors can legitimately act. It also supplies a basis for invalidation of action that exceeds the bounds of the authorised conduct.