[2018] KESC 25 (KLR)

[2018] KESC 25 (KLR)

The Supreme Court held that the applicant failed to demonstrate that the intended appeal raised any issue of general public importance as required under Article 163(4)(b) of the Constitution. The dispute concerned family land and property, which are private law matters and do not transcend the interests of the parties to bear upon the public interest. The Court further held that unintelligibility or incomprehensibility of proceedings is not a ground for certification to the Supreme Court. The application was therefore dismissed for failing to meet the threshold for certification.

Citation
[2018] KESC 25 (KLR)
Parties
Applicant: Rachel Wairimu Mukoma; Respondent: Hannah Wambui Githere; Respondent: Wanjiku Githere; Respondent: Harun Thiong’O Njiru; Respondent: Kaguongo Njiri; Respondent: Joseph Njiri Githere; Respondent: Njiriri Githere
Court
Supreme Court
Court Station
Supreme Court of Kenya
Jurisdiction
Kenya
Judgment Date
19 September 2018
Case Number
Application 11 of 2015
Procedural Posture
Application / Application for Review and Certification Under Article 163(4)(b) of the Constitution
Outcome
application dismissed
Judges
MK Ibrahim, JB Ojwang, SC Wanjala, NS Ndungu, I Lenaola
Legal Topics
Certification of Matter of General Public Importance, Appellate Jurisdiction, Family Land Disputes, Access to Justice, Fair Hearing Rights
Source Language
English
Civil Procedure Land and Property Certification of Matter of General Public Importance Appellate Jurisdiction Family Land Disputes Access to Justice Fair Hearing Rights

Case Brief

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Parties

Rachel Wairimu Mukoma

Applicant

Hannah Wambui Githere

Respondent

Wanjiku Githere

Respondent

Harun Thiong’O Njiru

Respondent

Kaguongo Njiri

Respondent

Joseph Njiri Githere

Respondent

Njiriri Githere

Respondent

Procedural Posture

Application / Application for Review and Certification Under Article 163(4)(b) of the Constitution

Legal Issues

  1. 1 Whether the intended appeal raises issues of general public importance to warrant certification under Article 163(4)(b) of the Constitution.
  2. 2 Whether unintelligible or incomprehensible proceedings constitute a ground for certification to the Supreme Court.
  3. 3 Whether the applicant's rights to access to justice and fair hearing were violated.

Ratio Decidendi

The Supreme Court held that the applicant failed to demonstrate that the intended appeal raised any issue of general public importance as required under Article 163(4)(b) of the Constitution. The dispute concerned family land and property, which are private law matters and do not transcend the interests of the parties to bear upon the public interest. The Court further held that unintelligibility or incomprehensibility of proceedings is not a ground for certification to the Supreme Court. The application was therefore dismissed for failing to meet the threshold for certification.

Court Disposition

application dismissed

Orders

  • The Notice of Motion application dated 25th June, 2015 and filed on 28th June, 2015 is dismissed.
  • Costs awarded to the 1st Respondent.