Amollo v Wilson
The bottom line
#Supreme Court rejects appeal bid for failing to follow correct procedure.
What this practically means
#Dola Indidis tried to appeal a Court of Appeal single judge's decision but did not follow the right steps. The Supreme Court can only hear appeals on constitutional interpretation or matters of general public importance. For general public importance, you must first get permission from the Court of Appeal. She also used the Civil Procedure Act, which does not apply to the Supreme Court. The court dismissed her case, and each party pays their own costs.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the jurisdiction of the Supreme Court has been properly invoked under article 163(4) of the Constitution.
- 2.Whether the applicant is entitled to leave to appeal against the ruling of a single Judge of the Court of Appeal dismissing her application for extension of time.
- 3.Whether the applicant is entitled to stay of execution of the judgment of the Environment and Land Court.
Key legal issues
#Whether the Supreme Court's appellate jurisdiction was properly invoked by the applicant.
The Supreme Court's jurisdiction was not properly invoked because the applicant did not indicate which appellate jurisdiction (under article 163(4)(a) or (b)) she sought to invoke, did not first seek certification from the Court of Appeal for a matter of general public importance, and did not file a reference to the full bench of the Court of Appeal against the single judge's decision.
The court examined the application and found that the applicant's grievance was against a decision of a single judge of the Court of Appeal, which she did not challenge by way of a reference to the full bench under rule 57(1)(b) of the Court of Appeal Rules. The applicant also invoked section 3A of the Civil Procedure Act, which the court has held is inapplicable to proceedings before the Supreme Court. The application did not specify whether it sought to invoke jurisdiction under article 163(4)(a) (constitutional interpretation) or (b) (general public importance). For the latter, the applicant failed to obtain certification from the Court of Appeal first. The court concluded that the prerequisites for invoking its jurisdiction had not been met, and therefore the application was dismissed.
Whether the applicant's failure to file a notice of appeal in compliance with rule 36 of the Supreme Court Rules was fatal to the application.
The failure to file or transmit a notice of appeal is not mandatory in relation to an appeal on a matter of general public importance, and can be filed upon grant of certification. However, since the applicant did not indicate which jurisdiction she was invoking, this issue was not determinative.
The court noted that the notice of appeal annexed to the application was not signed and sealed by the Registrar of the Court of Appeal, and there was no evidence of transmission to the Supreme Court. However, the court clarified that for appeals on matters of general public importance, the notice of appeal can be filed after certification is granted. Since the applicant had not obtained certification, the failure to file a proper notice of appeal was not the primary reason for dismissal.
Legal principles established
#- Supreme Court's appellate jurisdiction under Article 163(4)(a) is limited to constitutional interpretation or application; a mere allegation is not enough.
- The Supreme Court is only moved under the Constitution, Supreme Court Act, and Supreme Court Rules 2020; the Civil Procedure Act does not apply.
- For an appeal on a matter of general public importance, you must first obtain certification from the Court of Appeal.
- A party must specify whether they are invoking jurisdiction under Article 163(4)(a) or (b).
- A party aggrieved by a single judge decision of the Court of Appeal must first seek a reference to the full bench before appealing to the Supreme Court.
Court orders
#- 1.The notice of motion dated March 30, 2023 and filed on May 16, 2023 be and is hereby dismissed for lacking in merit.
- 2.Each party to bear own costs.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Court of Appeal of Kenya
- Jurisdiction invoked
- Article 163(4)(a) and (b) of the Constitution; sections 15, 15A, 15B of the Supreme Court Act
Relief refused
#Leave to file an appeal against the ruling of Murgor, JA dismissing the application for extension of time to lodge an appeal to the Court of Appeal.
The jurisdiction of the Supreme Court has not been properly invoked; the applicant did not first seek certification from the Court of Appeal for a matter of general public importance, and did not file a reference to the full bench of the Court of Appeal under rule 57(1)(b) of the Court of Appeal Rules 2022.
Stay of execution of the judgment of the Environment and Land Court.
The application for stay was part of the same notice of motion that was dismissed for lack of merit and improper invocation of the court's jurisdiction.
Costs
Each party to bear own costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The notice of motion dated March 30, 2023 and filed on May 16, 2023 be and is hereby dismissed for lacking in merit;
Each party to bear own costs.
under article 163(4)(a) of the Constitution, only issues involving interpretation or application of the Constitution may be considered by the court and that mere allegation by a party that a question of constitutional interpretation or application was involved, does not automatically bring the appeal within the ambit of article 163(4)(a) of the Constitution
The Supreme Court is only moved under the Constitution, the Supreme Court Act, and the Supreme Court Rules 2020.
a certification for leave to appeal to the Supreme Court on a matter involving general public importance shall only be made first at the Court of Appeal, and a party dissatisfied with the Court of Appeal decision may apply to this Court for review.
Key timeline
#Practical implications
#Properly invoke Supreme Court jurisdiction
When moving the Supreme Court, specify which appellate jurisdiction under Article 163(4) you rely on. For general public importance, first obtain certification from the Court of Appeal. Do not rely on the Civil Procedure Act. Also, challenge a single judge's decision by reference to the full bench under rule 57(1)(b) of the Court of Appeal Rules before seeking Supreme Court review.
Follow strict appeal procedures
If your business is involved in litigation and you need to appeal to the Supreme Court, ensure your legal team follows the correct procedural steps. Missing certification or using the wrong law can result in automatic dismissal. This case shows that even a technical misstep can be fatal, so invest in experienced counsel to avoid costly delays.
Know the court hierarchy
You cannot skip the Court of Appeal and go directly to the Supreme Court. The Supreme Court only hears cases involving constitutional interpretation or matters of general public importance, and even then you need prior permission from the Court of Appeal. Always seek legal advice before appealing to avoid wasting time and money.
Frequently asked questions
#How do I appeal to the Supreme Court of Kenya?+
You must show your appeal involves a constitutional interpretation issue or a matter of general public importance. For general public importance, first get certification from the Court of Appeal. File your appeal under the Supreme Court Act and Rules, not the Civil Procedure Act.
What is certification for general public importance in Kenya?+
Certification is permission from the Court of Appeal allowing you to appeal to the Supreme Court on a matter that affects the public. Without it, the Supreme Court cannot hear your case. You can apply to the Supreme Court if the Court of Appeal refuses certification.
Can I use the Civil Procedure Act in the Supreme Court of Kenya?+
No. The Supreme Court has held that the Civil Procedure Act does not apply to its proceedings. You must rely only on the Constitution, the Supreme Court Act, and the Supreme Court Rules 2020.
What happens if I don't get certification from the Court of Appeal before appealing to the Supreme Court in Kenya?+
Your appeal will be dismissed. The Supreme Court will not hear your case because you did not follow the correct procedure. You must first obtain certification from the Court of Appeal for a matter of general public importance.
Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Olenja v Olenja (Civil Appeal (Application) 560 of 2019) [2026] KECA 199 (KLR)[2026] KECA 199 (KLR)6 Feb 2026followed
- Mohamed v Diamond Trust Bank Kenya Limited & another[2025] KESC 17 (KLR)11 Apr 2025
Cite this brief
#Cite this brief
Caselaw, "Amollo v Wilson", Case Analysis (2023). Civil Application E014 of 2023. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2023/77/eng@2023-09-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.