RULING
Upon perusing the Originating Motion dated March 8, 2024 and filed on April 26, 2024 by the applicants pursuant to Rule 33 of the Supreme Court Rules, 2020 seeking review of the Court of Appeal’s ruling dated February 23, 2024 in Mombasa Civil Applic. No. E003 of 2022 which declined to certify that the applicants’ intended appeal to this Court raises issues of general public importance; and
Cognisant of the pertinent facts which culminated in this Motion to wit, that despite TMG (the 1st applicant) and RAP (P) celebrating a monogamous marriage before the Registrar of Marriages; on March 19, 2003, P left for the United States on the very same day and never returned; the 1st applicant commenced divorce proceedings seeking nullification of the said marriage on the ground that the marriage was not consummated, which proceedings are still pending before the Kilifi Chief Magistrate’s Court; the 1st applicant was blessed with QFG (a minor) on November 15, 2005 from a different relations…