There has been an ongoing debate on Twitter between legal scholars on the jurisdiction of the supreme court especially because of the election petition Azimio looks to file against the IEBC. Can the supreme court declare a winner for the presidential election? Or can it only order for a re-count or repeat elections? These are some of the questions coming up.

The Supreme court is the apex court in the land. Under it is the court of appeal and the high court in that order. The need for a supreme court to preside over presidential election petitions was evident after the 2007 post-election violence. Previously, there was no avenue for appeal by the aggrieved parties beyond the high court.

The Kriegler commission which was mandated to look into the election irregularities that precipitated violence concluded that Kenyans had lost trust in the systems that oversee elections.

As a result, the supreme court was established as per the new Constitution of Kenya(2010) and asserted as the main court to deal exclusively with presidential elections.

The role of the Supreme court, according to the Constitution of Kenya  therefore includes:

•Provide impartial and authoritative interpretation of the constitution.

•Assert supremacy of the constitution and sovereignty of the people of Kenya.

•develop rich jurisprudence that respects Kenya’s history and traditions and facilitates its social, economic, and political growth.

•Improve access to justice and provide for the administration of the Supreme court and related matters.

•Enable important constitutional and other legal matters including matters relating to the transition from the former to the present constitutional dispensation to e determined having due regard to the circumstances, history, and cultures of the people of Kenya.

Senior counsel Charles Kanjama stated that where arithmetic errors are evident Supreme court has the jurisprudent to announce the winner after a successful petition in the court-Elections Act 2011.

The jurisdiction of the apex court is to hear and determine appeals from the court of appeal or any tribunal and either affirm or overturn.The Supreme Court also hears and determines presidential election disputes,render advisort opinion to government or any state organ.