Results.
4 judgments found.
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| September 2023 |
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AG not required to prosecute JCC complaints; JCC procedure and President’s suspension/removal of DPP were lawful.
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Constitutional law — Director of Public Prosecutions — Judicial Complaints Commission — Attorney-General’s prosecutorial duty (Article 177) — Presidential decisions and delegation (Articles 91, 93) — Waiver of Oath of Office — JCC procedural autonomy (Article 144(4)(a); JCCA s28) — Quorum statutory not constitutional — Suspension and removal lawfully effected under Articles 144 and 182.
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28 September 2023 |
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Article 165 is prospective; Constitutional Court lacks jurisdiction to decide ordinary chieftaincy succession disputes.
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Constitutional law — Non‑retrospectivity of constitutional amendments; Article 165 (2016) prospective; transitional provisions (Act No.1 of 2016) preserve pre‑amendment acts; chieftaincy succession disputes are matters of customary law and fact for ordinary courts — Constitutional Court lacks jurisdiction absent a genuine constitutional question.
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26 September 2023 |
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Constitutional Court judges must have specialised training or experience in human rights or constitutional law.
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Constitutional law
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Judicial appointments — Advertising and transparency — Whether Constitution requires advertisement/public interviews for superior court judges — Articles 140, 173, 220
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Qualifications for Constitutional Court — Specialised training or experience in human rights or constitutional law required — Article 141(1)(b)
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Court of Appeal leadership — Appointment of Judge President and Deputy Judge President by President on JSC recommendation — Article 140 and Court of Appeal Act
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19 September 2023 |
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Whether judicial appointments require advertised vacancies and whether Constitutional Court judges need human‑rights or constitutional‑law training.
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Constitutional law
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Judicial appointments — Requirement to advertise vacancies and publicise interviews for superior‑court judges — Interpretation of Articles 8, 173 and 220(2)(b)
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Qualifications for Constitutional Court — Specialised training or experience in human rights or constitutional law required under Article 141(1)(b)
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Court of Appeal leadership — Appointment of Judge President and Deputy Judge President falls within President's power under Article 140
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19 September 2023 |