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Kiran Chandubhai Patel v. Transworld Safaris Limited

(2015) JELR 96966 (CA)

Court of Appeal  •  Civil Application 45 of 2013  •  29 May 2015  •  Kenya

Coram
George Benedict Maina Kariuki, William Ouko, Philomena Mbete Mwilu

Judgement

RULING OF THE COURT

It is now firmly established by the judicial authorities of this Court and those of the Supreme Court that for this Court to grant a certificate to a party to challenge its decision to the Supreme Court under Article 163 (4) (b) of the Constitution, the applicant must demonstrate that the intended appeal involves a matter of general public importance.

The threshold of “general public importance” has been defined variously to embody the following principles:

a clear formulated definition of what in the intended appeal amounts to a matter of general public importance. See Steyn v. Gnecchi – Ruscone [2013] 2 EA 348 and Koinange Investments and Development Ltd v. Robert Nelson Ngethe SC Appl. No. 4 of 2013;

the matter must be one the determination of which transcends the circumstances of the particular case with significant bearing on the public interest;

where the matter involves a point of law, the point must be substantial, so that its determination will have a significa…

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