Geoffrey Wambanda Wandambusi & another v Attorney General for and on Behalf of the Commissioner for Lands & 3 others [2017] KECA 184 (KLR)

Court of Appeal

16 November 2017

EGE. M. Githinji HOHannah Okwengu JMJ. Mohammed

1,751 words in judgment

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The bottom line

The Court of Appeal refused to send a private land dispute to the Supreme Court, holding that personal property claims do not raise matters of general public importance.

What this practically means

Executive summary

This is a ruling of the Court of Appeal at Eldoret (Githinji, Okwengu & J. Mohammed JJ.A) on an application dated 8 February 2016 under Article 163(4)(b) of the Constitution, seeking certification that the applicants' intended appeal to the Supreme Court against the Court of Appeal judgment of 29 October 2015 in Civil Appeal No. 118 of 2007 involves a matter of general public importance. The underlying dispute concerned land parcel East Bukusu/South Kanduyi/1062, claimed by the late Wambanda Khwatenje Wandambusi as beneficially owned and compulsorily acquired without compensation; the High Court (Karanja, J.) found no rights established, and the Court of Appeal dismissed the appeal. The applicants argued the subject property was public land, that additional evidence adduced by consent was not considered, and that the certified judgment wrongly included Murgor, JA. The court applied the Supreme Court's principles in Hermanus Phillipus Steyn v Giovanni Gnecchi-Ruscone, noting the applicants had not filed a draft memorandum of appeal, and held that the issues related to the special circumstances of the deceased's private claim and bore no significant bearing on the public interest. Certification was declined and the application dismissed with costs to the respondents. The decision below was not disturbed; the ruling disposed only of the certification application.

Key legal issues

Whether the intended appeal raises a matter of general public importance under Article 163(4)(b)

Holding

The applicants failed to demonstrate that the issues transcend their particular circumstances; the claim concerned private interests of the deceased and did not meet the certification threshold.

Reasoning

Applying the principles in Hermanus Phillipus Steyn v Giovanni Gnecchi-Ruscone, the court held that certification requires an issue transcending the particular case with significant bearing on the public interest. Although the applicants contended the suit property was public land compulsorily acquired, both the High Court and the Court of Appeal had found the deceased established no rights recognised in law over the property. The intended appeal therefore concerned the deceased's private claim, and determinations of fact are not a basis for certification. The application failed.

p. 4

Legal principles established

A dispute concerning private interests in land does not qualify as a matter of general public importance for certification merely because the subject property is claimed to be public land

Court orders

1.The applicants' intended appeal is not certified as raising a matter of general public importance
2.The application is dismissed with costs to the respondents

Authorities

Legislation

Constitution of Kenya, 2010Article 163(4)(b)

Cases cited (1)

Hermanus Phillipus Steyn v Giovanni Gnecchi-Ruscone
[2013] eKLR

On appeal from: Court of Appeal; Civil Appeal No. 118 of 2007
Jurisdiction invoked: Article 163(4)(b) of the Constitution - certification that a matter of general public importance is involved in an intended appeal to the Supreme Court

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Geoffrey Wambanda Wandambusi & another v Attorney General for and on Behalf of the Commissioner for Lands & 3 others [2017] KECA 184 (KLR)", Case Analysis (2017). Civil Application No. 13 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2017/184/eng@2017-11-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.