RULING
A. INTRODUCTION AND BACKGROUND
[1] The instant application seeks review of a decision of the Court of Appeal, which declined to certify the intended appeal as one raising matters of general public importance. It is by way of an originating motion dated 9th December, 2014 supported by an affidavit sworn by Paul Matheri Wamae, on even date. It is anchored on Articles 159(2) (a) and (d), 165 (5) and 259(1) of the Constitution, Section 15(1) of the Supreme Court Act; Rule 24 of the Supreme Court Rules and the principles set out in Hermanus Phillipus Steyn v. Giovanni Gnecchi Ruscone, sup.ct. Application 2 of 2012.( Hermanus)
[2] Learned counsel for the applicant, Mr. Gichuhi, urges that the following will be the issues for determination by this Court in the intended appeal, should leave be granted:
(i) Whether under Section 45(1)(b) of the Advocates Act and Advocates’ fee on the Advocate-Client basis can be charged on un-executed fee agreement;
(ii) Whether the common law doctrine of es…