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Rajab Kateke Mutunga,Abdillahi Hamisi Dahab,Andrew Mbugua Kinyanjui,Hastings Thuku,Said Awadh,James Onyango Khanda & Rapheal Gondi v. Municipal Council of Mombasa,Phrabhula Shah,Jitendra M. Kanaba,Mr. Suthir & Omicron Investments Limited

(2018) JELR 95047 (CA)

Court of Appeal  •  Civil Application 11 of 2017 (Ur 11/2017)  •  11 Oct 2018  •  Kenya

Alnashir Ramazanali Magan Visram, Philip Nyamu Waki, Wanjiru Karanja



The motion before us dated 20th March, 2017 invokes Article 163 (4) (b) of the Constitution, section 15 of the Supreme Court Act and Rules 21 and 24 of the Supreme Court Rules, in seeking the following orders:

"2. THAT this Court do certify that the proposed appeal to the Supreme Court as well as this Appeal raise matters of general public importance as contemplated under Article 163 (4) (b) of the Constitution.

3. THAT this honorable court be pleased to restore status quo Anthe (sic),and stay any other consequential orders arising from the Judgment dated 31st January 2014 pending the hearing and determination of this application or further orders of this Honourable Court.

4. THAT Leave be granted to the Appellants/Applicants to appeal to the Supreme Court against the whole of the Judgment of Hon. Lady Justice H. M. Okwengu, Hon. Asike Makhandia and F. Sichale JJ.A delivered on 31st day of January 2014."

Those prayers are rather puzzling. In the first place, there is no…

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