KENYA CIVIL AVIATION AUTHORITY V. AFRICAN COMMUTER SERVICES LTD & ATTORNEY GENERAL

RULING

A. THE APPLICATION

[1] The Originating Motion before the Court is dated 12^th June 2015 and contests the decision of the Court of Appeal where it declined to grant a Certificate to appeal to us as contemplated under Article 163(4) (b) of the Constitution.

[2] The Applicant seeks certification as a matter of general public importance in respect of the anticipated appeal arising from the judgment of the Court of Appeal (Karanja, Musinga and M’Inoti, JJA) delivered on 7^th February, 2014.

B. BACKGROUND.

i. High Court

[4] The Plaintiff (1^st Respondent herein) had been issued by the Directorate of Civil Aviation, the predecessor of the Applicant herein, with an Air Operator’s license (the License) to operate several aircrafts under its command and ownership. The License was issued to the 1^st Respondent upon compliance with the requisite Aviation Laws and Regulations pertaining to registration, airworthiness, maintenance as well as insurance.

[5] On 24^th January, 2003, an accident involving o…