Login Register

Africa Merchant Assurance Company v. Kenya Power & Lighting Company Limited

(2018) JELR 106303 (CA)

Court of Appeal  •  Civil Application 72 of 2018  •  6 Dec 2018  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



1. Up until the promulgation of the Constitution and the establishment of the Supreme Court, this was the Court of last resort and to some extent it still retains that title for some matters. Appeals from decisions of this Court to the Supreme Court are circumscribed in the manner prescribed under Article 163(4) :

“(4) Appeals shall lie from the Court of Appeal to the Supreme Court-

a) as of right in any case involving the interpretation or application of this Constitution; and

b) in any other case in which the Supreme Court, or the Court of Appeal, certifies that a matter of general public importance is involved, subject to clause (5).”

2. Of relevance to the matter before us is Article 163(4) (b) where certification by this Court or the Supreme Court is required before an appeal can be lodged to the Supreme Court. It is evident from the terminology thereunder that not all decisions of this Court can be subjected to an appeal in the Supreme Court. This much was succin…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login