RULING OF THE COURT
Even though the application before us is styled “an application for grant of leave to appeal from the Court of Appeal to the Supreme Court of Kenya”, the constitution does not contemplate such an application. Rather, it is certification that the constitutional provisions cited speaks of and we treat the application as such.
The application is brought by notice of motion under Article 163 (4) (b) of the Constitution and Section 3A and 3B of the Appellate Jurisdiction Act. In it, GREENFIELD INVESTMENTS LTD (the Applicant) craves of us the following orders;
“1. THAT the Honourable Court be pleased to certify that the intended appeal concerns a matter of great public importance.
2. THAT this Honourable court be pleased to grant leave to the Appellant (sic) to lodge an appeal against the judgment of the Court of Appeal in Civil Appeal No. 155 of 2004 – Greenfields Investments Ltd v. Baber Alibhai Mawji, delivered on 30th April 2010”.
The rest of the application, predicated o…