Legal applicants seeking review of court orders at the Supreme Court will have to base their arguments on solid facts henceforth for consideration, the apex court has declared.
In a principal guideline released by the court Saturday, lawyers will also have to only approach the bench with the specific point of judgement they think was wrongly ruled on.
According to Justice Jackton Ojwang', lawyers will have to prove their arguments beyond doubt to have their way at the court basing on the fact that reviews are not a constitutional allocation.
“Review of exercise of discretion is not a right; but an equitable remedy which calls for a basis to be laid by the applicant to the satisfaction of the court,” he was quoted by the Standard.
The ruling is also signed by Chief Justice David Maraga, his deputy Philomena Mwilu and judges Njoki Ndung'u and Mohammed Ibrahim, said Justice Ojwang'.
The ruling comes as a result of an application by the Parliamentary Service Commission (PSC) against a ruling by Supreme Court Judges Isaac Lenaola and Smokin Wanjala last year.
This was after the appellate court reinstated Embu Governor Martin Wambora after his impeachment, but the judges (Wanjala and Lenaola) threw out the review application after the commission delayed in filing the case.
PSC argued that the delay was because the court did not furnishing it with typed proceedings in time.
The judges agreed with the Governor that the delay was deliberate as the typed proceedings were availed to the commission by April 5 2016, but it was not until May 25 2016 that it filed that application.
The commission then went ahead to request for 5 judge bench in a bid to have the Governor ousted.