The ruling in the case of Mwambeja Ranching Company Limited & another v Kenya National Capital Corporation, delivered on October 6, 2023, by a bench of the Supreme Court of Kenya, provides significant insights into various legal issues, including the review of a Court of Appeal decision and the certification of an intended appeal on matters of general public importance. The ruling showcases the principles that guide the Court in making such determinations and highlights the importance of public interest in legal proceedings.
The applicants, Mwambeja Ranching Company Limited and Project Advisory Services Limited, sought a review of the Ruling of the Court of Appeal that denied certification of their intended appeal as a matter of general public importance. The Court’s decision touches upon the following key issues:
- Jurisdiction and Review: The ruling clarifies the jurisdiction of the Supreme Court to review a certification decision by the Court of Appeal. It emphasizes that the Supreme Court’s jurisdiction to review certification decisions is limited, and it cannot entertain review applications when no right of appeal exists in the first place.
- Public Interest Requirement: The Court discusses the importance of the public interest criterion in certifying an intended appeal. It stresses that the issue to be decided must transcend the circumstances of the particular case and have a significant bearing on the public interest. This reaffirms the Court’s commitment to considering matters of broad societal importance.
- Right to Appeal: The ruling underscores that the choice to seek a review of a Court of Appeal judgment, as the applicants did, results in a forfeiture of the right to appeal at that stage. This has implications for litigants in terms of their strategic decisions regarding the appellate process.
- Prayer for Amendment of Notice of Appeal: The ruling also addresses the applicants’ prayer to amend the Notice of Appeal. While this issue is moot due to the Court’s findings on the review and certification, it reminds us of the Court’s inherent jurisdiction to allow amendments and the principle that such amendments should not cause prejudice to the respondent.
The ruling in Mwambeja Ranching Company Limited & another v Kenya National Capital Corporation offers valuable legal insights into the review of Court of Appeal decisions and the certification of intended appeals. It reiterates the importance of public interest and the limitations on the Court’s jurisdiction in these matters. Furthermore, the ruling highlights the impact of litigants’ strategic choices, particularly when opting for review over the right to appeal. This decision contributes to the jurisprudence of the Supreme Court of Kenya and serves as a reference for matters involving certification and review in the country’s legal landscape.
Authors:
Zahra Nechesa – Partner
Nderitu Wang’ombe – Lawyer
