EASTLANDS THEATRES LIMITED, JAMES SAMUEL KINYAJUI & ANNE NJERU KINYAJUI V. KENYA NATIONAL CAPITAL CORPORATION LIMITED

RULING OF THE COURT

1. The Notice of Motion dated 18th May, 2018 is pronounced to be brought under Articles 25, 27, 40, 47, 50, 159 and 163(4)(b) of the Constitution, section 3A and 3B of the Appellate Jurisdiction Act and any other enabling provisions of the law. The applicants seek in the main, certification that their matter is of general public importance and qualifies to be escalated to the Supreme Court for determination.

2. It is premised on grounds, inter alia, that: this Court misinterpreted and misapplied the provisions of section 4(1) of the Limitation of Actions Act which provides that an action founded on contract cannot be brought after 6 years from the date when the cause of action accrued; the decision violated the applicant’s rights to equal protection and benefit of the law, fair administrative action and fair hearing as respectively enshrined under Articles 25, 27, 40, 47 and 50 of the Constitution by failing to determine certain issues which it found to have either b…