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Court of AppealDismissedNairobi Civil Appeal No. E892 of 2023 (Certification Application dated 15th January 2025)

Omwenga (Sued on his own behalf as Chairman of Amani Self Help Group) & 12 others v Gatimu & another (Civil Application E025 of 2025) [2025] KECA 1973 (KLR)

Court of Appeal of Kenya
21 November 2025
2,427 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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The Court of Appeal refused to let a Dandora land dispute reach the Supreme Court, confirming that private land fights rarely qualify as matters of general public importance.

What this practically means

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Executive summary

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The applicants, unsuccessful in the Environment and Land Court and before the Court of Appeal, sought certification under Article 163(4)(b) of the Constitution to appeal to the Supreme Court, contending that land matters are inherently of public importance and that due process in the acquisition of the suit title was not addressed. The respondents opposed, asserting the application met no certification threshold. At the virtual hearing there was no appearance for the applicants despite service; the Court considered their written submissions. The Court framed a single issue: whether the intended appeal involves a matter of general public importance. Applying settled principles from Town Council of Awendo, Hermanus Phillipus Steyn, and Peter Oduor Ngoge, it held that certification is reserved for exceptional cases raising cardinal issues of law or jurisprudential moment, and that the burden lies on the applicant. The applicants had framed no substantive issues for the Supreme Court and were merely dissatisfied with the merits of the Court of Appeal decision dismissing their appeal in a private land dispute over LR No. 209/11970 in Dandora. Contested facts and a desire to re-argue the appeal cannot ground certification, and no contradiction of prior precedent or novel question of law was shown. The application was dismissed with costs to the 1st respondent.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicants have demonstrated that their case involves a matter of general public importance to merit certification by this Court to appeal to the Supreme Court under Article 163(4)(b) of the Constitution

Key legal issues

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01

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

Holding

No - the applicants framed no substantive issues for the Supreme Court and sought only to re-litigate the merits; their dispute is a private land contest with no novel or cardinal point of law.

Reasoning

The Court applied settled principles that certification demands an issue transcending the parties' interests with significant bearing on public interest. The applicants' grounds concerned evaluation of evidence and facts in a private land dispute. No contradiction with prior precedent, no uncertainty in the law, and no novel question was shown. Dissatisfaction with the Court of Appeal's merits decision is not a basis for certification.

p. 5

Legal principles established

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  • In certification applications under Article 163(4)(b), only exceptional cases raising cardinal issues of law or of jurisprudential moment deserve the attention of the Supreme Court, and the burden rests on the applicant to demonstrate a matter of general public importance.
  • The Supreme Court's jurisdiction under Article 163(4)(b) cannot be invoked to re-argue contested facts or the merits of a decided appeal; certification serves as a filtering process.

Court orders

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  1. 1.The applicants' notice of motion dated 15th January 2025 is dismissed
  2. 2.Costs awarded to the 1st respondent

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
On appeal from
Environment and Land Court, Nairobi
Jurisdiction invoked
Article 163(4)(b) of the Constitution - certification that an intended appeal involves a matter of general public importance

Relief refused

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Certification that the intended appeal involves a matter of general public importance

The applicants failed to discharge the burden of showing a cardinal issue of law or jurisprudential moment; no substantive issues were framed for the Supreme Court

p. 6

Leave to appeal to the Supreme Court

Follows from refusal of certification under Article 163(4)(b)

p. 6

Costs

Application dismissed with costs to the 1st respondent.

Quotable passages

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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 applicants' notice of motion dated 15th January 2025 is hereby dismissed with costs to the 1st respondent
p. 6Final orders - dismissal of certification application
only exceptional cases, which raise cardinal issues of law or of jurisprudential moment will deserve the attention of the Supreme Court
p. 3Threshold for certification under Article 163(4)(b)
the requirement for certification was intended to serve as a filtering process to ensure that only appeals with elements of general public importance engaged the Supreme Court
p. 4Purpose of the certification filter
The jurisdiction of the Supreme Court under Article 163(4)(b) cannot be invoked merely for the determination of contested facts between the parties. It is not a mechanism to re-arguing the appeal.
p. 5No re-argument of appeal merits via certification
we find that the applicants have not discharged the burden of satisfying that their intended appeal to the Supreme Court raises matters of general public importance within the meaning of Article 163(4)(b) of the Constitution
p. 6Applicant's burden in certification applications

Issues in the judgment

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minor

The judgment inconsistently renders the suit parcel number, referring variously to LR. No. 209/11970 and LR. No. 209/1970

minor

The applicants' submissions are dated 24th February 2024 in one passage and 24th February 2025 in another

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Omwenga (Sued on his own behalf as Chairman of Amani Self Help Group) & 12 others v Gatimu & another (Civil Application E025 of 2025) [2025] KECA 1973 (KLR)", Case Analysis (2025). Nairobi Civil Appeal No. E892 of 2023 (Certification Application dated 15th January 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1973/eng@2025-11-21

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