DANIEL MAINGI MUCHIRI V. JUBILEE INSURANCE CO. LTD

JUDGMENT OF THE COURT

1. In what we have characterized elsewhere as appeals filed in 'relay fashion', this is the first leg challenging the order made by Onyancha, J. on 6^th June, 2014. The other appeals are 175/2014, 136/2016, 137/2016 and 138/2016, challenging orders made on 18^th June, 2014, 3^rd March, 2015, 12^th March, 2015 and 6^th November, 2015, respectively. They all arose from the same proceedings in the High Court and were heard on the same day before the same bench, one after the other. Common to all appeals is the introduction of constitutional claims for the first time before the Court of Appeal on the basis that Article 258 of the Constitution permits it. The issue has been analysed fully in CA 138/2014 and reinforced in CA 136/2016 supporting the conclusion that the claims do not lie to this Court. We need not therefore rehash the reasoning here. The grounds of appeal which double up as a constitutional petition in this matter raising the same issue must suffer the same fa…