Goldenlime International Limited v Bluesea Shopping Mall Limited & 3 others
The bottom line
#Supreme Court can review Court of Appeal's refusal to let a case proceed to it.
What this practically means
#The Supreme Court of Kenya has confirmed it can review a decision by the Court of Appeal to block a case from reaching the Supreme Court. This case involved a dispute over a public-private contract for redeveloping Eastleigh Market. The High Court found the contract was awarded irregularly but refused to cancel it. The Court of Appeal reversed that decision. The losing party wanted to appeal to the Supreme Court, but the Court of Appeal said no. The Supreme Court dismissed that request, finding the issues were not of general public importance.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether this Court has jurisdiction to determine the review application against conservatory orders granted; and if yes, whether a case has been made to warrant that review.
- 2.Whether the Court of Appeal erred in declining to certify the matter as one of general public importance.
Key legal issues
#Whether the Supreme Court has jurisdiction under Article 163(5) to review a Court of Appeal decision declining to certify a matter as one of general public importance.
The Supreme Court has jurisdiction to review both a grant and a denial of certification by the Court of Appeal.
The court interpreted Article 163(5) broadly, harmonising it with Articles 27 and 50 of the Constitution on non-discrimination and fair hearing. It held that to deny a party aggrieved by a refusal to certify audience would be discriminatory and contrary to the right to a fair hearing. The court affirmed its prior decisions in Sum Model Industries and Hermanus Philips Steyn, stating that 'certification' under Article 163(5) includes both a decision that a matter is, or is not, of general public importance.
Whether a single judge of the Supreme Court has jurisdiction to grant ex parte conservatory orders in an application for review of a certification decision.
A single judge has jurisdiction under Section 24(1) of the Supreme Court Act to grant interlocutory orders, including conservatory orders, for a very limited time to preserve the subject matter, but such orders are temporary and subject to review by a five-judge bench.
The court read Section 24(1) alongside Article 163(2) of the Constitution, adopting the reasoning of Wanjala, SCJ in Kalpana Rawal that a single judge acts as an agent of the yet-to-be empaneled bench. The court emphasised that such orders must be temporary and that the caution by Mutunga, CJ against treating Section 24 as a 'blank cheque' must be observed. The court dismissed the 3rd and 4th respondents' argument that a single judge cannot constitute the court, noting that Section 24 remains operative unless declared unconstitutional.
Whether the intended appeal raised matters of general public importance warranting certification.
The intended appeal did not raise matters of general public importance; it was based solely on the exercise of judicial discretion by the High Court, which is not a matter of public importance.
The court agreed with the Court of Appeal that the core issue was whether the High Court properly exercised its discretion in declining to grant judicial review orders despite finding procedural impropriety. The court found that the applicant failed to demonstrate any uncertainty requiring clarification for the public benefit. The issues raised, such as the parameters of court intervention in procurement contracts and separation of powers, were not shown to transcend the circumstances of the particular case. The court also noted that the ownership of the suit property was already subject to other suits, making its intervention in vain.
Legal principles established
#- Supreme Court can review Court of Appeal decisions that grant or deny certification for appeal.
- Certification applications must first be made in the court where the appeal originates.
- A single Supreme Court judge can issue temporary orders to preserve a case's subject matter.
- Review of a single judge's order is not automatic; you must show the judge made a clear error.
- A case based only on how a judge used their discretion is not a matter of general public importance.
Court orders
#- 1.The 3rd and 4th respondents’ notice of motion dated 24th October 2016 is hereby dismissed.
- 2.The applicant’s notice of motion dated 5th October 2016 is hereby marked as spent.
- 3.The originating motion dated 5th October 2016 by the applicant is hereby dismissed.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Court of Appeal at Nairobi
- Civil Application No. 8 of 2015
- Jurisdiction invoked
- Article 163(5) of the Constitution of Kenya
Relief refused
#Review of the single judge's conservatory orders
The court declined to overturn the single judge's decision, finding no basis to set aside the orders.
Certification that the matter involves issues of general public importance
The intended appeal does not raise an issue requiring clarification of law for the public benefit; it is based solely on the exercise of judicial discretion.
Declaration that section 24 of the Supreme Court Act is unconstitutional
The court declined the invitation to declare the provision unconstitutional, noting no proper proceedings were filed to do so.
Costs
The 1st, 3rd and 4th respondents shall have the costs of the originating motion while each party shall bear the costs of the motion dated 24th October 2016.
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.
we reiterate this Court’s finding in both the Sum Model and Hermanus cases that article 163(5) of the Constitution vests the Supreme Court with jurisdiction to review the Court of Appeal’s decision to grant or decline certification that a matter is one of general public importance.
a single Judge, can as a matter of discretion, issue interlocutory orders for a very limited time to ensure that the subject matter of an appeal is not wasted in the intervening period
We agree with the Court of Appeal’s observation that the intended appeal does not raise an issue where we need to make a pronunciation on clarification of the law to the benefit of the public as opposed to the parties before us.
Key timeline
#Practical implications
#Plan certification strategy carefully
When your client loses at the Court of Appeal and wants to go to the Supreme Court, you must first apply for certification there. If denied, you can still ask the Supreme Court to review that denial. But the Supreme Court will only step in if the case raises a legal question affecting the public, not just your client's dispute. Prepare arguments showing broad public impact from the start.
Contract disputes rarely reach Supreme Court
If you are in a commercial contract dispute, especially one involving government procurement, do not assume you can appeal all the way to the Supreme Court. The court will only hear cases that affect the general public, not just your business. Focus on winning at the High Court and Court of Appeal levels. The Supreme Court is a long shot for most contract cases.
Know your appeal limits in Kenya
If you lose a case in Kenya's Court of Appeal, you cannot automatically go to the Supreme Court. You must first ask the Court of Appeal for permission, called certification. If they say no, you can ask the Supreme Court to review that refusal. But the Supreme Court will only agree if your case involves a legal question that matters to many Kenyans, not just you.
Frequently asked questions
#Can I appeal to the Supreme Court of Kenya if the Court of Appeal refuses my case?+
Yes, you can ask the Supreme Court to review the Court of Appeal's refusal. But the Supreme Court will only step in if your case raises a legal question that affects the general public, not just your personal dispute. This is called a matter of general public importance.
What is a matter of general public importance in Kenya?+
It is a legal question that goes beyond your individual case and affects many Kenyans or clarifies an uncertain area of law. For example, a case about how courts should handle government contracts could be one. But a dispute about how a judge used their discretion in your specific case is not.
Can a single Supreme Court judge make decisions in Kenya?+
Yes, a single Supreme Court judge can issue temporary orders to preserve the subject matter of a case while waiting for a full bench of five judges to hear it. For example, they can stop a property from being sold. But these orders are short-term and can be reviewed by the full bench.
What happened in the Golden Lime v Blue Sea Shopping Mall case in Kenya?+
The case involved a dispute over a contract to redevelop Eastleigh Market. The High Court found the contract was awarded irregularly but did not cancel it. The Court of Appeal reversed that decision. The losing party tried to appeal to the Supreme Court, but the Supreme Court refused, saying the issues were not of general public importance.
Later judgments citing this (3)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Embassy of Sweden, Nairobi v Kusewa & another (Civil Application E002 of 2020) [2026] KECA 1122 (KLR)[2026] KECA 1122 (KLR)12 Jun 2026applied
- Jubilee Health Insurance Ltd v Riaga (Appeal E043 of 2025) [2025] KEELRC 2827 (KLR)[2025] KEELRC 2827 (KLR)22 Oct 2025
- Odongo v Clerk, Nakuru County Assembly & 5 others (Civil Appeal (Application) E001 of 2023) [2023] KECA 1554 (KLR)[2023] KECA 1554 (KLR)15 Dec 2023
Cite this brief
#Cite this brief
Caselaw, "Goldenlime International Limited v Bluesea Shopping Mall Limited & 3 others", Case Analysis (2021). Motion 21 of 2016. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2021/2/eng@2021-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.