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Town Council of Awendo v. Nelson O Onyango & 13 others; Abdul Malik Mohamed & 178 others (Interested Parties)

(2019) JELR 94721 (SC)

Supreme Court  •  Petition 37 of 2014  •  30 Apr 2019  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] This is a Petition of Appeal dated 10th December, 2014 and filed on 23rd December, 2015 pursuant to its admittance by this Court as one involving a matter of general public importance under Articles 163(4)(b) and 163 (5) of the Constitution. The Appellant is challenging the entire Judgment and Orders of the Court of Appeal (Onyango Otieno, Azangalala and Kantai JJ.A) at Kisumu in Civil Appeal No.161 of 2010 delivered on the 18th day of October 2013. In certifying the Appeal as one involving a matter of general public importance, in Miscellaneous Application No. 49 of 2014; (Mutunga CJ and P, Tunoi, Ibrahim, Ojwang, Njoki, SCJJ); this Court stated:

“......The issues of the intended appeal cut across the former and the current Constitutions and law regimes. It is important to reconcile these two regimes, and the instant case provides the occasion. The question whether the respondents in this case are entitled to the revisionary interest in unutiliz…

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