PAUL KHAKINA MUSUNGU
V.
JOSEPH CHEBAYI CHESOLI & ANOTHER

RULING

A. INTRODUCTION

[1] This is an application by way of a Notice of Motion dated 14^th November, 2017 seeking a review of the decision of the Court of Appeal (D.K Musinga and S. Gatembu Kairu JJA and A.K Murgor) dated 25^th May, 2017 which refused to certify the cause as a matter of general public importance The application seeks the following substantive orders:

a) THAT this Honourable Court be pleased to review and/or set aside the Court of Appeal Ruling in Eldoret Civil Application Number 68 of 2016;

b) THAT this Honourable Court be pleased to grant leave to the Applicant to lodge an appeal against the judgment of the Court of Appeal given on 29^th July, 2016 in respect of Eldoret Civil Appeal No. 58 of 2013;

c) THAT a certificate does issue on the basis that a matter of general public importance is involved and a substantial miscarriage of justice shall occur to the Applicant unless the intended appeal to this Honourable Court against the judgment of the Court of Appeal dated 29^th Jul…