CHARLES KARATHE KIARIE, THOMAS WANYOIKE WAINAINA & KALANG ENTERPRISES V. ADMINISTRATORS OF THE ESTATE OF JOHN WALLACE MATHARE (DECEASED), ADMINISTRATORS OF THE ESTATE OF DENNIS WAWERU RIMUI (DECEASED), ADMINISTRATORS OF THE ESTATE OF JOYSE WANJA GITAU (DECEASED) & GEORGE HEZRON MWAURA

RULING

A. INTRODUCTION

1. The application before this Court is by way of a Notice of Motion, dated 7^th February, 2014 and amended on 21^st May, 2014, under Rule 30(2) of the Supreme Court Rules, and Article 163(4)(a) of the Constitution. The Applicants seek Orders that:

i. a certificate do issue that the applicants’ intended appeal raises a matter of general public importance, and that substantial miscarriage of justice may occur if an appeal is not lodged against the Judgment delivered by the Court of Appeal on 26^th April, 2013 in Nairobi Civil Appeal No. 225 of 2006;

ii. the Court be pleased to review and set aside the Court of Appeal Ruling in Civil Application No. (SUP) 12 of 2013 dismissing the applicants’ Notice of Motion dated 13^th May 2013.

[2] The 1^st and 2^nd respondents contend that the intended appeal does not fall under Article 163(4)(a), and neither does it meet the terms of Article 163(4)(b) of the Constitution. At the hearing of this application, both the 3^rd and 4^th responde…