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Supreme Court Act

25. Judgement of the Court

Edition: 2022-12-31 · In force

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25. Judgement of the Court

(1)The judgement of the Supreme Court shall be in accordance with the opinion of a majority of the Judges hearing the proceeding concerned.
(2)If the judges are equally divided in opinion, the decision appealed from or under review shall be considered as having been affirmed.
(3)Where a judge presiding over a matter is not able to deliver a judgement on account of death, suspension, removal from office, retirement or infirmity, which occasions a lack of prescribed quorum in the Court, the Chief Justice may substitute such judge.
(4)The incoming judge, in terms of subsection (3), shall rely on submissions and proceedings on record, as a basis for delivering judgement.[Act No. 26 of 2022, s. 28.]
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Source: Kenya Law