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EMFIL LIMITED
V.
ATTORNEY GENERAL & 14 ORS

(2024) JELR 112638 (SC)

Supreme Court 5 Jul 2024 Kenya
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Case Details

Suit Number:Application E005 of 2024
Judges:MK Koome, CJ & P PM Mwilu, DCJ & VP MK Ibrahim, SCJ SC Wanjala, SCJ W Ouko, SCJ
Counsel:Mr. Owuor Thatcher for the applicant (LJA Associates LLP) Ms. Lang’at for the 1st respondent (State Law Office) Mr. Asige for the 4th to 7th respondents (Asige Keverenge & Anyanzwa Advocates) Mr. Apollo for the 8th to 13th, 15th and 17th to 20th respondents (Apollo Muinde & Partners Advocates) No representation for the 2nd, 3rd, 14th and 16th respondents
Other Citations:[2024] KESC 32 (KLR)

RULING

  1. Upon perusing the Notice of Motion dated 7th February 2024 and filed on 8th February 2024, pursuant to Article 163(4)(b) of the Constitution, Sections 3A, 15, 15B and 21 of the Supreme Court Act and Rule 33(2) and (3) of the Supreme Court Rules; seeking review and setting aside of the Ruling of the Court of Appeal (Nyamweya, Lesiit & Odunga, JJ.A) delivered on 25th January 2024 in Mombasa Civil Application No. E032 of 2023, declining certification of the intended appeal as one raising matters of general public importance; certification of the intended appeal against the Judgment of the Court of Appeal (Gatembu, Nyamweya & Lesiit, JJ.A) delivered on 14th April 2023 in Mombasa Civil Appeal No. 37 of 2020; certification so granted to operate as stay of execution; and costs; and

  2. Upon considering the applicant’s grounds on the face of the application and affidavit sworn by Andrew Mukite Musangi on 7th February 2024, wherein it is contended that, the Court of Appeal erred in law, in; r…

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