RULING OF THE COURT
1. The applicant, Wanyiri Kihoro, is a gallant fighter, literally, and a patient man. He is also a London-trained Advocate of the High Court of Kenya and therefore an officer of this Court. By his motion dated 19th May, 2016, he seeks a certificate under Article 163 (4) (b) of the Constitution that a matter of general public importance is involved in his intended appeal to the Supreme Court. The remarkable part about the application is that the decision of the appeal he wishes to challenge was made 24 years ago on 17th March, 1993 in Civil Appeal No. 151 of 1988!
2. The background to the application has its roots in the dark days of political intolerance in this country that led to detentions without trial. On the night of 29/30th July, 1986, the applicant was arrested in Mombasa by agents of the State and transported to Nairobi where he was held in the Nyayo torture chambers for three months until 10th October, 1986 when he was detained without trial until 1st June,…