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Supreme CourtDismissedApplication E040 of 2025

Johmat Distributors Ltd v Central Bank of Kenya

Supreme Court of Kenya
31 July 2026
2,091 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Supreme Court dismissed Johmat Distributors' attempt to revive its appeal, confirming you cannot introduce new arguments at review or dress up private disputes as public-interest cases.

What this practically means

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Executive summary

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The Supreme Court dismissed Johmat Distributors Limited's application for review of a Court of Appeal ruling (Karanja, Gatembu & Nyamweya, JJA, dated 5th December 2025) that had declined to certify the applicant's intended appeal as raising matters of general public importance under article 163(4)(b) of the Constitution. The underlying dispute arose from an alleged fraudulent manipulation of treasury bonds in 2002, an ex-parte mareva injunction freezing the applicant's Kshs. 14,000,000 fixed deposit for some fourteen years, the High Court's dismissal of the Central Bank's claim and of the applicant's counterclaim, and the Court of Appeal's dismissal of the applicant's appeal for failure to furnish typed proceedings. Before the Supreme Court, the applicant sought certification on questions concerning mareva injunctions and constitutional rights to property and fair hearing, the refusal to enforce the Central Bank's irrevocable undertaking to pay interest, and the principles governing denial of costs to a successful party. The Court held that three questions raised for the first time in the review were improperly before it, applying Thika Coffee Mills. On the remaining issues, it found the certification threshold unmet: the apprehension of future disregard of undertakings was speculative; the character of mareva injunctions is settled; the costs discretion was fact-specific; and constitutional framing cannot elevate fact-specific grievances into matters of general public importance. The Court affirmed the Court of Appeal's decision, dismissed the originating motion, and awarded costs to the 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 questions raised for the first time in the review application are properly before the Court
  2. 2.Whether the issues raised meet the threshold for certification as matters of general public importance under article 163(4)(b)

Key legal issues

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01

Whether new questions raised for the first time in a review application are properly before the Supreme Court

Holding

Three questions raised for the first time in the review were not properly before the Court, as review cannot introduce arguments with no footing in the determinations below.

Reasoning

The Court applied its own decision in Thika Coffee Mills, holding that a review application must be confined to the determinations of the superior courts below. Introducing fresh questions would draw the Court into original rather than appellate jurisdiction under article 163(4)(b). The three new questions were therefore struck out as improperly before the Court.

p. 3
02

Whether the remaining issues meet the certification threshold under article 163(4)(b)

Holding

They do not: the apprehension of future misuse of undertakings is speculative; the juridical character of a mareva injunction is settled; the costs discretion is fact-specific; and constitutional framing does not elevate fact-specific complaints.

Reasoning

Applying Hermanus Phillipus Steyn and Malcolm Bell, the Court found the alleged risk to future undertakings a mere apprehension of miscarriage of justice; no conflicting decisions or legal uncertainty were shown; the costs question was a finding of fact and discretion; and the articles 40 and 50 grievances identified no unsettled constitutional principle bearing on the public at large.

p. 3

Legal principles established

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  • An application for review in the Supreme Court is not a vehicle for advancing arguments that have no footing in the determinations of the superior courts below.
  • Dissatisfaction with how settled law was applied to particular facts cannot be elevated into a matter of general public importance by constitutional framing alone.
  • The Supreme Court's appellate jurisdiction under article 163(4)(b) is not to be invoked merely to rectify errors in the application of settled law.

Court orders

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  1. 1.The originating motion dated 17th December 2025 and filed on 11th March 2026 be and is hereby dismissed
  2. 2.Costs are awarded to the respondent

The bench

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

Philomena Mbete Mwilu
P. M. MwiluDCJ
Currently serving
majority
Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority
Isaac Lenaola
I. LenaolaSCJ
Currently serving
majority
William Ouko
W. OukoSCJ
Currently serving
majority
Mohamed Abdulahi Warsame
M. WarsameSCJ
Currently serving
majority
On appeal from
Court of Appeal, Nairobi
Civil Appeal (Application) No. E263 of 2021
Jurisdiction invoked
Article 163(4)(b), 159(2)(a),(d)&(e) and 259(1) of the Constitution; rule 33(1) of the Supreme Court Rules; section 15B of the Supreme Court Act, 2011; sections 3(2), 3A & 3B of the Appellate Jurisdiction Act

Relief refused

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Review of the Court of Appeal's refusal to certify the intended appeal as raising matters of general public importance

The issues raised do not transcend the circumstances of the dispute or bear significantly on the public interest

p. 2

Costs

Costs are awarded to the 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.

an application for review is not a vehicle for advancing arguments that have no footing in the determinations of the superior courts below
p. 3Scope of review jurisdiction
Dissatisfaction with how settled law was applied to particular facts cannot be elevated into a matter of general public importance by constitutional framing alone.
p. 4Certification threshold under article 163(4)(b)
The originating motion dated 17th December 2025 and filed on 11th March 2026 be and is hereby dismissed.
p. 1Final orders
Costs are awarded to the respondent.
p. 4Costs

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, "Johmat Distributors Ltd v Central Bank of Kenya", Case Analysis (2026). Application E040 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/kesc/2026/58/eng@2026-07-31

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