By Twink Jones Gadama
In a move to strengthen the judiciary and ensure the independence of the Supreme Court of Appeal, the government has introduced the Supreme Court of Appeal (Amendment) Bill, 2025.
The bill seeks to amend the Supreme Court of Appeal Act (Cap. 3:01) and align it with the provisions of the Constitution.
The proposed amendments aim to increase 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.
Another significant amendment 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.
The bill also proposes to designate the Deputy Chief Registrar as the Registrar of the Supreme Court of Appeal, a move aimed at ensuring that the composition of the Supreme Court of Appeal aligns with the general reforms taking place in the Judiciary.
Furthermore, the bill seeks to limit the powers of a single member of the Supreme Court of Appeal to hear or determine matters related to presidential election disputes. This provision is intended to prevent any potential biases or conflicts of interest.
Other proposed amendments include broadening the scope of practice and procedure in the Supreme Court of Appeal and providing a specified time period for lodging appeals against determinations made under the Presidential, Parliamentary and Local Government Elections Act.
The introduction of the Supreme Court of Appeal (Amendment) Bill, 2025, is a significant step towards strengthening the judiciary and promoting the rule of law in the country.
The proposed amendments are expected to enhance the independence and effectiveness of the Supreme Court of Appeal, ultimately contributing to a more just and equitable society.
As the bill makes its way through Parliament, 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 Supreme Court of Appeal plays a critical role in shaping the country’s jurisprudence and promoting justice.
As such, it is imperative that the institution is strengthened and empowered to effectively discharge its constitutional mandate.
The government’s commitment to judicial reform is a welcome development, and the introduction of the Supreme Court of Appeal (Amendment) Bill, 2025, is a significant step in the right direction.
As the country moves forward, it is essential that the judiciary remains independent, impartial, and effective in promoting justice and upholding the rule of law.
