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Kenya Civil Aviation Authority v. African Commuter Service

(2015) JELR 100102 (CA)

Court of Appeal  •  Civil Application Sup. 5 of 2014  •  29 May 2015  •  Kenya

Coram
Festus Azangalala, George Benedict Maina Kariuki, Jamila Mohammed

Judgement

RULING OF THE COURT

This is an application by the Kenya Civil Aviation Authority (hereinafter “the applicant”) for two main reliefs namely, that a certificate under Article 163(4)(b) of the Constitution does issue on the basis that its proposed appeal to the Supreme Court against the judgment and orders of this court (Karanja, Musinga and M’Inoti, JJ.A) dated 7th February, 2014 raises questions of general public interest and importance, and that the Court does issue an order staying execution of the aforesaid judgment and orders.

The application is by Notice of Motion which also invoked section 15 of the Supreme Court Act, 2011, sections 3A and 3B of the Appellate Jurisdiction Act, Rule 5(2)(b) and Rule 42 of this Court’s Rules. In support of the Motion on Notice, the applicant filed an affidavit of Judith Ngethe, the Applicant’s Corporation Secretary sworn on 27th May, 2014. It is deponed, as far as is relevant, that the following matters are of general public interest and importance:

T…

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