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GEOFFREY WAMBANDA WANDABUSI & ANOTHER
V.
ATTORNEY GENERAL FOR AND ON BEHALF OF THE COMMISSIONER FOR LANDS & 3 OTHERS

(2019) JELR 97422 (SC)

Supreme Court 8 Nov 2019 Kenya
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Case Details

Suit Number:Originating Motion 23 of 2017
Judges:David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala
Other Citations:Geoffrey Wambanda Wandabusi & another v. Attorney General for and on Behalf of the Commissioner for Lands & 3 others [2019] eKLR

RULING OF THE COURT

[1] The applicants in this matter filed an Originating Motion on 20th December 2017 seeking a review of the refusal to grant certification by the Court of Appeal at Eldoret in Civil Appeal No.118 of 2017, through it’s ruling delivered on 16th November 2017. The application is supported by respective affidavits by the applicants. The applicants also filed written submissions and a list of authorities on 14th September 2018.

[2] The applicants submit that the intended appeal involves a matter of general public importance that deserves to be admitted to appeal before this court and as such for it involves public land namely parcels numbers EAST BUKUSU/S.KANDUYI/ 1062 later subdivided into EAST BUKUSU/S.KANDUYI/6666 registered to Mohammed Noor, the 3rd respondent and EAST BUKUSU/S.KANDUYI/6668 registered to Bungoma County Council, which has since been succeeded by the Bungoma County Government under the new constitutional dispensation following the promulgation of the 20…

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