KENYA PLANTATION AND AGRICULTURAL WORKERS UNION V. KENYA EXPORT FLORICULTURE, HORTICULTURE AND ALLIED WORKERS' UNION (KEFHAU) REPRESENTED BY ITS PROMOTERS DAVID BENEDICT OMULAMA, ANDREW MAKWAGA, BENARD AMUCHIZI MUKAISI,ADRIANO MUKALO, WYCLIFFE SORE,SEVERIO MASIKA, LILIAN INDUTIA, EFELI A. NANDI, JAMES AMATONYE, REGISTRAR OF TRADE UNIONS

RULING OF THE COURT

By a Notice of Motion dated 11th July, 2017 the applicant seeks certification and leave to appeal to the Supreme Court against the decision of the Court of Appeal sitting at Nairobi in Civil Appeal No.141 of 2014. The application is brought under the provisions of Article 163 (4) of the Constitution, Rule 24 and 26 of the Supreme Court Rules and Rule 40 of the Court of Appeal Rules. In Lawrence Nduttu and 6000 Others v. Kenya Breweries Ltd and another, Supreme Court Petition No.3 of 2012 [2012] eKLR, The Supreme Court stated that not all intended appeals lie from the Court of Appeal to the Supreme Court. Only those appeals arising from cases involving the interpretation or application of the Constitution can be entertained by the Supreme Court. The only other instance when an appeal may lie to the Supreme Court is one contemplated under Article 163(4) (b) of the Constitution, where it is certified that the appeal involves a matter of general public importance.

The ap…