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CHAPTER 5—JUDICIARY
Part A—COURTS AND JUDICIAL OFFICERS
Judicial authority and independence
97.—(1) The judicial power and authority of the State is vested in the Supreme
Court, the Court of Appeal, the High Court, the Magistrates Court, and in such other
courts or tribunals as are created by law.
(2) The courts and all judicial officers are independent of the legislative and
executive branches of Government, and are subject only to this Constitution and the law,
which they must apply without fear, favour or prejudice.
(3) No person may interfere with the judicial functioning of the courts, or
unreasonably interfere with the administrative functioning of the courts.
(4) Parliament and Cabinet, through legislative and other measures, must assist
and protect the courts to ensure their independence, impartiality, accessibility and
effectiveness.
(5) Parliament must ensure that the Judiciary has adequate financial and other
resources to perform its functions and exercise its powers properly.
(6) The Judiciary has control of its own budget and finances, as approved by
Parliament.
Supreme Court
98.—(1) The Supreme Court consists of—
(a) the Chief Justice, who is the President of the Supreme Court; and
(b) such other Judges as are appointed as Judges of the Supreme Court, to
serve as the occasion requires.
(2) If deemed necessary by the Chief Justice, any of the Justices of Appeal may sit
on a matter being heard by the Supreme Court.
(3) The Supreme Court—
(a) is the final appellate court;
(b) has exclusive jurisdiction, subject to such requirements as prescribed by
written law, to hear and determine appeals from all final judgments of the
Court of Appeal; and
(c) has original jurisdiction to hear and determine constitutional questions
referred under section 91(5).
(4) An appeal may not be brought to the Supreme Court from a final judgment of
the Court of Appeal unless the Supreme Court grants leave to appeal.