DICKSON MURICHO MURIUKI V. TIMOTHY KAGONDU MURIUKI ,FRANCIS KIMONDO MURIUKI,JANE WARIGIA MURIUKI,WINFRID WAIRIMU MURIUKI, DAVID WANJOHI MURIUKI,REPUBLIC & CENTRAL PROVINCE LAND DISPUTES APPEALS COMMITTEE
(2016) JELR 104350 (SC)
Supreme Court
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Application 47 of 2014
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15 Mar 2016
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Kenya
Coram
Philip Kiptoo Tunoi, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu
Judgement
<p class="ql-align-center">RULING</p><p class="ql-align-justify">A. BACKGROUND</p><p class="ql-align-justify">1. The instant application seeks a review of the decision of the Court of Appeal, which declined to certify the intended appeal as one raising matters of general public importance. The applicant filed at the Supreme Court, an originating motion dated 9<sup>th</sup> December, 2014 under certificate of urgency, supported by his affidavit of even-date. The motion is anchored upon Articles 163(4) and (5) of the Constitution of Kenya, 2010; Sections 13, 16, and 17 of the Supreme Court Act, 2011; and Rules 23, 24, and 53 of the Supreme Court Rules, 2012.</p><p class="ql-align-justify">2. The certificate of urgency application was heard before this Court, and was not granted.</p><p class="ql-align-justify">3. The history of the present application is made up of a plurality of suits instituted by members of one family–the mother, Susan Nyambura Wahome, and five of her children. The subject-matter is land. Susan’s father bequeathed to her a parcel of land measuring 10.07 hectares, registered as L.R RUGURU/GACHIKA/83. To avoid the prospect of a disp…</p>