REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA
(Coram: J.B. Ojwang and N.S. Ndungu, SCJJ)
PETITION 5 OF 2012
ERAD SUPPLIERS and GENERAL
CONTRACTORS LIMITED.......................................APPELLANT
-VERSUS - NATIONAL CEREALS and PRODUCE BOARD.................................................RESPONDENT RULING
1. PRELIMINARY QUESTIONS BEARING ON PETITION OF APPEAL
[1] This Ruling will address only preliminary matters raised by counsel at this stage, and not the substantive appeal filed by the appellant. We note, however, that in the pending petition of appeal, the appellant is contesting the Court of Appeal’s Ruling on the ground that the Ruling arises from proceedings that are in violation of Article 160(1) of the Constitution. This foundation to the petition is being contested at the very threshold, by way of preliminary objections. And this is the issue to be cleared by the Supreme Court at this stage.
[2] Some of the matters raised in submissions do touch on the substantive appeal. For…