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Mary Wanjiku Kamonde v. Daniel Muriithi Kamonde

(2017) JELR 99221 (CA)

Court of Appeal  •  Civil Application Supplementary 4 of 2016  •  5 Apr 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

The principles applicable in considering certification for matters to be heard by the Supreme Court are now well settled. The starting point is Article 163 of the Constitution which not only established the Supreme Court but also delineated its jurisdiction. Article 163 (4)(b) requires that appeals lie from the Court of Appeal to the Supreme Court upon certification, on the basis that a matter is one of “general public importance”. The certification can be done by the Court of Appeal itself, or by the Supreme Court.

In Hermanus Phillipus Steyn v. Giovanni Gnecchi-Ruscone [2013]eKLR, one of the earliest cases to define that jurisdiction, the Supreme Court carried out extensive comparative survey on the matter before concluding thus:

"Before this Court, 'a matter of general public importance' warranting the exercise of the appellate jurisdiction would be a matter of law or fact, provided only that: its impacts and consequences are substantial, broad-based, transcending …

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