[2020] KECA 710 (KLR)

[2020] KECA 710 (KLR)

The Court of Appeal held that the applicant failed to demonstrate that the intended appeal raised any matter of general public importance as required under Article 163(4)(b) of the Constitution. The issues identified by the applicant were either not determined by the Court of Appeal or had already been conclusively...

Source-derived case information.

Citation
[2020] KECA 710 (KLR)
Parties
Applicant: Thika Coffee Mills; Respondent: Rwama Farmers Co-operative Society Limited
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Application 389 of 2018
Procedural Posture
Civil Application / Application for Certification to Appeal to the Supreme Court Under Article 163(4)(b) of the Constitution
Outcome
Application for certification and leave to appeal to the Supreme Court dismissed; costs awarded to the respondent.
Judges
GG Okwengu, DK Musinga, F Sichale
Legal Topics
Arbitration Awards, Jurisdiction of Courts, Public Interest Certification, Pleadings in Arbitration, Access to Justice
Source Language
en
Civil Procedure Alternative Dispute Resolution Arbitration Awards Jurisdiction of Courts Public Interest Certification Pleadings in Arbitration Access to Justice

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Parties

Thika Coffee Mills

Applicant

Rwama Farmers Co-operative Society Limited

Respondent

Procedural Posture

Civil Application / Application for Certification to Appeal to the Supreme Court Under Article 163(4)(b) of the Constitution

Legal Issues

  1. 1 Whether the intended appeal raises matters of general public importance under Article 163(4)(b) of the Constitution.
  2. 2 Whether the issues raised by the applicant were determined by the Court of Appeal and are appropriate for certification to the Supreme Court.
  3. 3 Whether the jurisdiction of the Court of Appeal under Section 35 of the Arbitration Act is a matter requiring further determination by the Supreme Court.

Ratio Decidendi

The Court of Appeal held that the applicant failed to demonstrate that the intended appeal raised any matter of general public importance as required under Article 163(4)(b) of the Constitution. The issues identified by the applicant were either not determined by the Court of Appeal or had already been conclusively addressed by the Supreme Court in the Nyutu Agrovet decision, particularly regarding the jurisdiction of the Court of Appeal under Section 35 of the Arbitration Act. The Court emphasized that only issues that were subject to judicial determination in the Court of Appeal and that transcend the specific dispute to affect the public interest can be certified. The applicant's...

Court Disposition

Application for certification and leave to appeal to the Supreme Court dismissed; costs awarded to the respondent.

Orders

  • The intended appeal is not certified as involving a matter of general public importance under Article 163(4)(b) of the Constitution.
  • The applicant's motion for leave to appeal is rejected.