Samuel Peter Gitau Karanja v Hanna Njeri Mugi
The bottom line
#Kenya's Court of Appeal refused to let a private land dispute reach the Supreme Court, ruling that public interest alone does not justify such an appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether a private land dispute, characterised by the applicant as involving 'great public interest' and the jurisdiction of the Environment and Land Court under Article 162(2), qualifies as a matter of general public importance for certification
It does not. The applicant failed to identify a precise, substantial point of law that arose and was determined in the courts below; the dispute was a two-party land dispute with no public-interest dimension.
The court applied the seven Steyn parameters. The only arguable point of law - ELC jurisdiction under Article 162(2) - was not raised before the trial court or the Court of Appeal, so it failed the requirement that the question have arisen below and been the subject of judicial determination. The framing as 'great public interest' was conceptually wrong, and the remaining complaints were factual, which cannot ground certification. The court saw the application as an attempt at a third bite at the cherry.
Legal principles established
#- Great public interest is not a ground for certification; an applicant must prove that the case involves a matter of general public importance as defined in Article 163(4) and the Steyn parameters.
- A question of law cannot be raised for the first time in a certification application; it must have arisen and been judicially determined in the courts below.
- Determinations of fact in contests between private parties do not, by themselves, justify certification of an appeal to the Supreme Court.
Court orders
#- 1.The certification application dated 20th December 2023 was dismissed
- 2.Costs of the application awarded to the respondent
- On appeal from
- Court of Appeal (Nakuru)
- Nakuru Civil Appeal No. 200 of 2018
- Jurisdiction invoked
- Article 163(4) of the Constitution - certification that a matter of general public importance is involved, as a precondition to an appeal to the Supreme Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samuel Peter Gitau Karanja v Hanna Njeri Mugi", Case Analysis (2025). Certification Application dated 20th December 2023 arising from Nakuru Civil Appeal No. 200 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1792/eng@2025-10-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.