By Jones Gadama
The Supreme Court of Appeal (Amendment) Bill, 2025, aims to introduce significant changes to the Supreme Court of Appeal Act (Cap. 3:01).
The proposed amendments seek to strengthen the judiciary, promote fairness, and ensure the independence of the Supreme Court of Appeal.
In this analysis, we will delve into the key provisions of the Bill and explore its implications on the country’s judicial system.
One of the most significant amendments proposed in the Bill is the increase in the minimum number of presiding Justices of Appeal from three to seven when determining matters, excluding interlocutory matters.
This change is expected to ensure that more judges are involved in making important decisions, thereby promoting fairness and justice.
By increasing the number of judges, the Bill aims to reduce the risk of biased or unfair decisions, which is essential for maintaining public trust in the judiciary.
Another crucial amendment proposed in the Bill is the provision for the exclusive original jurisdiction of the Supreme Court of Appeal to determine complaints alleging undue return or undue election of a person to the office of President.
This provision is in line with section 101 of the Presidential, Parliamentary and Local Government Elections Act, 2023.
By granting the Supreme Court of Appeal exclusive jurisdiction over such matters, the Bill aims to ensure that electoral disputes are resolved in a fair and transparent manner.
The Bill also proposes to designate the Deputy Chief Registrar as the Registrar of the Supreme Court of Appeal.
Currently, the Registrar of the High Court also serves as the Registrar of the Supreme Court of Appeal.
The proposed amendment aims to ensure that the composition of the Supreme Court of Appeal aligns with the general reforms taking place in the Judiciary, introduced under the Judicial Service Administration Act, 2025.
Furthermore, the Bill seeks to limit the powers of a single member of the Supreme Court of Appeal not to hear or determine any matter that relates to a complaint of undue return or undue election of a person to the office of President.
This provision is essential for ensuring that electoral disputes are resolved in a fair and transparent manner.
The Bill also proposes to introduce provisions that broaden the scope of practice and procedure in the Supreme Court of Appeal.
These provisions aim to provide a specified time period within which an appeal against a determination in respect of a petition under the Presidential, Parliamentary and Local Government Elections Act can be lodged.
The Supreme Court of Appeal (Amendment) Bill, 2025, proposes significant changes to the Supreme Court of Appeal Act.
The amendments aim to strengthen the judiciary, promote fairness, and ensure the independence of the Supreme Court of Appeal.
By increasing the number of judges involved in making important decisions, granting the Supreme Court of Appeal exclusive jurisdiction over electoral disputes, and introducing provisions that broaden the scope of practice and procedure, the Bill seeks to promote justice and uphold the rule of law.
It is essential that stakeholders, including civil society organizations, lawyers, and the general public, engage in constructive debate and discussion to ensure that the proposed amendments serve the best interests of the country.
The judiciary plays a critical role in shaping the country’s jurisprudence and promoting justice.
As such, it is imperative that the judiciary remains independent, impartial, and effective in promoting justice and upholding the rule of law.
The proposed amendments are a step in the right direction, and it is crucial that they are carefully considered and debated to ensure that they achieve their intended purpose.
By strengthening the judiciary and promoting fairness, the Supreme Court of Appeal (Amendment) Bill, 2025, has the potential to make a significant impact on the country’s judicial system.
