KenyaKE

Article 163 of the Constitution of Kenya

Article
163
Index row title
(1) There is established the Supreme Court, which shall
Source document
The Kenya Constitution
Provision ID
5e969bfa-dd17-455b-9ea1-ef39827b096f

284 words

Verbatim text

consists of— (a) the Chief Justice, who shall be the president of the court; (b) the Deputy Chief Justice, who shall— (i) deputise for the Chief Justice; and (ii) be the vice-president of the court; and (c) five other judges. (2) The Supreme Court shall be properly constituted for the purposes of its proceedings if it is composed of five judges. (3) The Supreme Court shall have— (a) exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President arising under Article 140; and (b) subject to clause (4) and (5), appellate jurisdiction to hear and determine appeals from— (i)the Court of Appeal; and (ii)any other court or tribunal as prescribed by national legislation. (4) Appeals shall lie from the Court of Appeal to the Supreme Court— (a) as of right in any case involving the interpretation or application of this Constitution; and (b) in any other case in which the Supreme Court, or the Court of Appeal, certifies that a matter of general public importance is involved, subject to clause (5). (5) A certification by the Court of Appeal under clause (4) ( b) may be reviewed by the Supreme Court, and either affirmed, varied or overturned. (6) The Supreme Court may give an advisory opinion at the request of the national government, any State organ, or any county government with respect to any matter concerning county government. (7) All courts, other than the Supreme Court, are bound by the decisions of the Supreme Court. (8) The Supreme Court shall make rules for the exercise of its jurisdiction. (9) An Act of Parliament may make further provision for the operation of the Supreme Court. Court of Appeal.

What this means

  • The index files this text under article 163 of the Constitution of Kenya.
  • The passage runs to about 284 words.
  • Read plainly, it mentions freedom of expression — it protects speaking, writing, publishing or holding an opinion (the words used: “opinion”).

The row’s stored title is a body fragment, not a heading (“(1) There is established the Supreme Court, which shall”), so it is not used as the provision’s title here.

The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.

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How to cite this

Constitution of Kenya, article 163, Portable Lawyer, https://www.portablelawyer.app/provision/5e969bfa-dd17-455b-9ea1-ef39827b096f (accessed 25 October 2026).

Canonical URL: https://www.portablelawyer.app/provision/5e969bfa-dd17-455b-9ea1-ef39827b096f

Accessed 25 October 2026.

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