The Supreme Court in the matter of Fredrick Otieno Outa v Jared Odoyo Okello & 3 others [2017] eKLR settled the question whether it has jurisdiction to review its own Judgments, Rulings or Orders, and if so, what is the scope of such jurisdiction?
The Court made the inescapable conclusion that being the final Court in the land, it has no jurisdiction to sit on appeal over, or to review its own Judgments, Rulings, or Orders, save in the manner contemplated by Section 21(4) of the Supreme Court Act. The Court acknowledged that it becomes functus officio upon delivery of Judgment, or upon making a final decision. Nonetheless, the Court found that it is clothed with inherent power, which it may invoke, if circumstances so demand, to do justice either upon application or suo moto. The circumstances in which the court could review its decisions were indicated thus:
“However, in exercise of its inherent power, this Court may, upon application by a party, or on its own motion, review, any of its Judgments, Rulings or Orders, in exceptional circumstances, so as to meet the ends of justice. Such circumstances shall be limited to situations where:
(i) the Judgment, Ruling, or Order, is obtained, by fraud or deceit.
(ii) the Judgment, Ruling, or Order, is a nullity, such as, when the Court itself was not competent.
(iii) the Court was misled into giving Judgment, Ruling or Order, under a mistaken belief that the parties had consented thereto.
(iv) the Judgment or Ruling, was rendered, based on a repealed law, or as a result of, a deliberately concealed statutory provision.