|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|67. References and appeals on interpretation of Constitution.|
|Kadhis' courts.||Judicial Service Commission.|
|References and appeals on interpretation of Constitution.||
67. (1) Where a question as to the interpretation of this Constitution arises in proceedings in a subordinate court and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if a party to the proceedings so requests, refer the question to the High Court.
(2) Where a question is referred to the High Court in pursuance of subsection (1), the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision.
(3) When the High Court is determining a matter in connexion with a reference to it under subsection (1) (other than an interlocutory matter) it shall be composed of an uneven number of judges, not being less than three.
(4) Where a subordinate court or a court-martial has given a final decision in civil or criminal proceedings on a question as to the interpretation of this Constitution , and the question has not already been referred to the High Court under subjection (1) of this section or under section 84 (3), an appeal shall lie against that decision as of right to the High Court, either -
(a) direct; or
(b) if -
(i) an appeal lies as of right from the decision to another subordinate court or court-martial; or
(ii) an appeal lies from the decision to another subordinate court or court-martial with the leave of the court that gave the decision or of some other court, and that leave has not been withheld,
by way of that other subordinate court or court-martial.