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Supreme CourtDismissedApplication E019 of 2025

Insurance Training & Education Trust v Gathondu (As Administrator of the Estate of the Late Thumbi Kariuki) & 5 others

Supreme Court of Kenya
5 September 2025
1,685 words in judgment
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AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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Supreme Court refuses to hear land appeal because it lacked general public importance.

What this practically means

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Ben Kajwang' tried to appeal a land ownership case to the Supreme Court, but the Court dismissed his application. It ruled that his case did not raise a legal issue affecting the general public. The questions he wanted to argue were either already settled by earlier court decisions or were specific to his own situation. Therefore, the Court of Appeal's decision stands, and he must pay the costs.

Executive summary

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This was an application by Ben Kajwang' (the applicant) seeking review of the Court of Appeal's ruling of June 20, 2025, which had declined to certify his intended appeal to the Supreme Court as a matter of general public importance. The dispute concerned ownership of Land Reference No. 209/10210 Bellevue. The Environment and Land Court had upheld the applicant's title, but the Court of Appeal reversed that decision, finding the applicant's title irregular. The applicant sought to appeal that judgment to the Supreme Court under Article 163(4)(b) of the Constitution. The Supreme Court, in a unanimous ruling delivered by Chief Justice Koome, dismissed the application. The Court applied the established principles from Hermanus Phillipus Steyn and Malcolm Bell, holding that the applicant failed to identify any issue whose determination would transcend the circumstances of the case or have a significant bearing on the public interest. The Court found that the questions raised, including the scope of the Court of Appeal's jurisdiction under Article 164, the place of unpleaded issues, and the retrospective application of the Torino decision, were long settled in law. The remaining issues, such as the validity of the letter of allotment and the deed plan error, were specific to the parties. The Court upheld the Court of Appeal's ruling denying certification and ordered the applicant to bear the costs of the application.

Questions the Court framed

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

  1. 1.Whether the intended appeal raises matters of general public importance warranting certification under Article 163(4)(b) of the Constitution.
  2. 2.Whether the Court of Appeal erred in declining to certify the intended appeal.

Key legal issues

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01

Whether the intended appeal raises matters of general public importance under Article 163(4)(b) of the Constitution.

Holding

The Supreme Court held that the applicant failed to identify any issue whose determination would transcend the circumstances of the case or have a significant bearing on the public interest. The questions raised, including the scope of the Court of Appeal's jurisdiction and the application of precedent, were long settled in law, and the remaining issues were specific to the parties.

Reasoning

The Court applied the principles from Hermanus Phillipus Steyn v Giovanni Gnecchi-Roscone and Malcolm Bell v Daniel Toroitich Arap Moi & another. It found that the applicant did not concisely identify any issue of general public importance. The Court noted that the issues regarding the Court of Appeal's jurisdiction under Article 164, unpleaded issues, and the application of the Torino decision were already settled. The other issues, such as the validity of the letter of allotment and the deed plan error, were specific to the facts of the case and did not transcend the parties' interests.

Legal principles established

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  • To appeal to the Supreme Court, the issue must affect the public beyond just the parties involved.
  • Legal questions already settled by precedent do not qualify as matters of general public importance.
  • Fact-specific disputes, like land title errors, are not matters of general public importance.
  • The applicant must clearly and concisely identify the issue of general public importance.
  • The Supreme Court will not review a Court of Appeal refusal unless the applicant meets the high threshold.

Court orders

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  1. 1.The originating motion dated June 27, 2025 and filed on July 1, 2025 is hereby dismissed.
  2. 2.The ruling of the Court of Appeal delivered on June 20, 2025 denying leave to appeal to this court is hereby upheld.
  3. 3.The costs of this application shall be borne by the applicant.

The bench

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

Martha Karambu Koome
M. K. KoomeCJ
Currently serving
majority

Wrote the judgment

majority
Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority
Njoki Susanna Ndungu
Njoki NdunguSCJ
Currently serving
majority
Isaac Lenaola
I. LenaolaSCJ
Currently serving
majority
On appeal from
Court of Appeal at Nairobi
Civil Appeal No. E505 of 2020
Jurisdiction invoked
Articles 163(4)(b) & (5) of the Constitution; sections 3, 3A, 15(1), 15B(1)(b) and 21 of the Supreme Court Act, 2011; rules 32, 33(2) and (3) of the Supreme Court Rules, 2020

Relief refused

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Certification of the intended appeal as a matter of general public importance

The applicant did not raise any substantial question of law whose determination would have a significant bearing on the public interest; the issues raised are either long settled in law or specific to the parties.

Leave to file an appeal to the Supreme Court

The application for certification was dismissed, and the Court of Appeal's ruling denying leave was upheld.

Costs

The costs of this application shall be borne by the applicant.

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.

for a case to be certified as one involving a matter of general public importance, the intending appellant must satisfy the court that the issue to be canvassed on appeal is one the determination of which transcends the circumstances of the particular case, and has a significant bearing on the public interest.
p. 5 Certification of appeal as a matter of general public importance
The applicant has not concisely and satisfactorily identified any issue, the determination of which would transcend the circumstances of the matter at hand to justify a review of the Court of Appeal’s ruling denying certification.
p. 5 Failure to meet the threshold for certification
The originating motion dated June 27, 2025 and filed on July 1, 2025 is hereby dismissed.
p. 5 Final order dismissing the application
The ruling of the Court of Appeal delivered on June 20, 2025 denying leave to appeal to this court is hereby upheld.
p. 5 Upholding the Court of Appeal's ruling
The costs of this application shall be borne by the applicant.
p. 5 Costs order

Key timeline

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Before June 20, 2025
Court of Appeal reversed Environment and Land Court decision, finding Kajwang's title irregular.
2025-06-20
Court of Appeal denied Kajwang' leave to appeal to the Supreme Court.
2025-06-27
Kajwang' filed an originating motion at the Supreme Court seeking review.
2025-07-01
Originating motion formally filed at the Supreme Court registry.
2025
Supreme Court dismissed the application and upheld the Court of Appeal ruling.

Practical implications

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For lawyers

Tighten certification arguments

When seeking Supreme Court certification under Article 163(4)(b), clearly show how the issue transcends the parties and affects the public. Avoid relying on settled law or case-specific facts. The court will dismiss applications that merely rehash settled principles or focus on individual grievances.

For businesses

Land title disputes rarely reach Supreme Court

Businesses involved in land ownership disputes should not expect Supreme Court review unless the case raises a broad legal question affecting many people. Factual errors in allotment letters or deed plans are unlikely to qualify. Plan for final resolution at the Court of Appeal level.

For individuals

Know your appeal limits

If you lose a land case in the Court of Appeal, the Supreme Court will only hear your appeal if it involves a legal issue of general public importance. Personal grievances or factual disputes about your title will not meet this standard. Be prepared for the Court of Appeal to be your last stop.

Frequently asked questions

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What is a matter of general public importance in Kenya?+

It is a legal issue that affects the public beyond just the parties in a case. The Supreme Court only hears appeals on such matters. Examples include constitutional questions or issues with widespread impact on many Kenyans.

Can I appeal a land dispute to the Supreme Court in Kenya?+

Only if your case raises a legal question of general public importance. Simple factual disputes about land ownership, like errors in a title deed, are not enough. The Court of Appeal is usually the final court for such cases.

What happens if the Court of Appeal refuses to certify my appeal in Kenya?+

You can apply to the Supreme Court for review, but you must show that the Court of Appeal was wrong. The Supreme Court will only overturn the refusal if your case clearly meets the general public importance test. Otherwise, the refusal stands.

How does the Supreme Court decide if a case is of general public importance in Kenya?+

The Court checks whether the issue goes beyond the parties and affects the public interest. It also considers if the law is unsettled. If the issue is already settled by precedent or is specific to the facts, the Court will not hear the appeal.

Cite this brief

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Cite this brief

Caselaw, "Insurance Training & Education Trust v Gathondu (As Administrator of the Estate of the Late Thumbi Kariuki) & 5 others", Case Analysis (2025). Application E019 of 2025. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2025/58/eng@2025-09-05

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