RULING
A. Background
[1] This is an originating motion dated 6th August 2021 contesting the Court of Appeal’s decision (Nambuye, Kiage, Kantai, JJA) delivered on 23rd July 2021, which declined to grant a certificate for leave to appeal to this Court under article 163(4)(b) of the Constitution of Kenya, 2010.
[2] The applicant seeks leave from this court and certification that a matter of general public importance is involved in its intended appeal in Civil Appeal No 37 of 2017 (Visram, Karanja, Koome, JJA) delivered on 8th December 2017. There are three questions proposed as being of general public importance:
a. Whether striking out an appeal, or indeed any matter, without it being heard, if security for costs is not deposited is a direction that is an impediment to a party’s access to justice and stands in contravention of articles 50 and 159 of the Constitution, for imposing a condition precedent or a stringent qualification to a litigant’s fundamental right to justice;
b. Whether a pro…