The Supreme Court yesterday said it does not have a quorum to hear cases.In a memo to the public, the registrar said following the retirement of Chief Justice Willy Mutunga, his deputy Kalpana Rawal and Justice Philip Tunoi, the court now lacks the numbers to hear petitions.
The apex court is made up of seven judges, among them the CJ, who is the president of the court. The court is properly constituted when it has five judges.
The notice said the court cannot hear appeals save for applications under certificate of urgency as provided under the Supreme Court Act and rules.
“Applications can only be heard before a single judge rule or before two or more judges as provided for under the courts rule,” the notice said. The registrar advised parties with pending rulings and judgments to visit the office for directions.
The highest court’s decisions are binding and set precedent for all other courts.
It has the jurisdiction to hear and determine appeals from the Court of Appeal and any other court or tribunal. In the event the CJ serves the mandatory 10 years before turning 70, he can opt to continue serving as an associate justice, which may raise the court membership above seven.
Retired at 69
Mutunga opted for early retirement at 69. He said he made the decision to give the judiciary an opportunity to appoint another CJ before next year’s general election.
“The early retirement should be able to give my predecessor enough time to prepare before next year’s polls,” Mutunga said. After the 2013 general election, Cord co-principal Raila Odinga disputed the results. This meant the Supreme Court, presided over by Mutunga, had to decide the winner.