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TELKOM KENYA LIMITED V. JOHN OCHANDA & 996 OTHERS

(2015) JELR 95254 (SC)

Supreme Court  •  Motion 17 of 2014  •  13 May 2015  •  Kenya

Coram
Philip Kiptoo Tunoi, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING

INTRODUCTION

[1] This is an application dated 23rd April, 2014 seeking to review the Ruling of the Court of Appeal (Nambuye, Ouko and Musinga, JJA.), of 9th April, 2014 dismissing the applicant’s application for leave to appeal to this Court.

B. SUBMISSIONS, AND ANALYSIS

[2] The applicant urges that the appeal raises pertinent issues of general public importance, admissible under to this Court’s appellate jurisdiction, in accordance with Article 163(4)(b) of the Constitution.

[3] The respondent, however, has contested this Court’s jurisdiction to hear this matter on the ground that: the Constitution only contemplates a review of “certification granted” by the Court of Appeal, and not “certification denied.” The respondent also argues that the application offends Rule 31(1) and (2) of the Supreme Court Rules, 2012 which makes it mandatory to file a notice of appeal within 14 days from the date of the Judgement or Order appealed from. The parties, by consent, agreed to have these obje…

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