HERMANUS PHILLIPUS STEYN V. GIOVANNI GNECCHI-RUSCONE

RULING OF THE COURT

[1]. This is an application partly under Article 163(4) (b) of the Constitution of Kenya for a certificate that a matter or matters of general public importance is or are involved in the intended appeal to the Supreme Court against the judgment and orders of this Court in Nairobi Civil Appeal No. 171 of 2009.

By Article 163(4) of the Constitution appeals lie from the Court of Appeal to the Supreme Court –

“(a) as of right in any case involving the interpretation or application of this Constitution;

and

(b) in any other case in which the Supreme Court, or the Court of Appeal, certifies that a matter of general public importance is involved....”

However, by Article 163(5), such a certification may be reviewed by the Supreme Court and either affirmed, varied or overturned.

[2]. Although a certificate can be sought either from the Supreme Court or from the Court of Appeal, the Supreme Court has held that it is a good practice to originate the application in the Court of Appea…