RULING
1. UPON PERUSING the Originating Motion application dated 30th June, 2016 and filed on 1st July, 2016, which application is brought under Article 163 (5) of the Constitution; Rules 3(2), 4(5) and 24 (2) of the Supreme Court Rules; seeking a review of the Court of Appeal’s certification, allowing the respondent herein to file an appeal to this Court; AND
2. UPON READING the affidavit of Joy Nyaga dated 30th June, 2016, in support thereof, and the replying affidavit of Muchae Mathare dated 21st November, 2016, in opposition thereto; WE HAVE CONSIDERED the applicant’s case wherein it is contended that the intended appeal to the Supreme Court does not raise matters of general public importance to warrant the intervention of the Supreme Court. The applicant further contends that there are no conflicting decisions of the Court of Appeal regarding the issue in question, such as would entitle the respondent to seek a final pronouncement by this Court.
3. The respondent opposes the applica…