GEOFFREY WAMBANDA WANDABUSI & MARGARET NALIAKA WAMBANDA V. ATTORNEY GENERAL FOR AND ON BEHALF OF THE COMMISSIONER FOR LANDS, CLERK BUNGOMA COUNTY COUNCIL, MOHAMED NOOR AHMED (NOW DECEASED) & BUNGOMA MUNICIPAL COUNCIL

RULING OF THE COURT

[1] The applicants in this matter filed an Originating Motion on 20^th December 2017 seeking a review of the refusal to grant certification by the Court of Appeal at Eldoret in Civil Appeal No.118 of 2017, through it’s ruling delivered on 16^th November 2017. The application is supported by respective affidavits by the applicants. The applicants also filed written submissions and a list of authorities on 14^th September 2018.

[2] The applicants submit that the intended appeal involves a matter of general public importance that deserves to be admitted to appeal before this court and as such for it involves public land namely parcels numbers EAST BUKUSU/S.KANDUYI/ 1062 later subdivided into EAST BUKUSU/S.KANDUYI/6666 registered to Mohammed Noor, the 3^rd respondent and EAST BUKUSU/S.KANDUYI/6668 registered to Bungoma County Council, which has since been succeeded by the Bungoma County Government under the new constitutional dispensation following the promulgation of the 20…