Ongera & 14 others v Makwae
The bottom line
#The Court of Appeal refused to let a private land dispute reach the Supreme Court, confirming that ordinary factual disagreements don't qualify as matters of public importance.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the intended appeal to the Supreme Court raises matters of general public importance warranting certification and leave under Article 163(4)
Key legal issues
#Whether the intended appeal raises matters of general public importance
It does not; the dispute is a private land dispute between related parties over two parcels, and the grounds raised are factual or concern mere apprehension of miscarriage of justice
The court applied the Steyn guidelines. The applicants were found to have defrauded two estates of land parcels; the respondent sued as legal administrator. The issues proposed (fair trial, capacity, adverse possession) either arose as factual contests or did not transcend the case. No contradictory precedents or substantial point of law with public bearing was demonstrated.
Legal principles established
#- For certification under Article 163(4), the applicant must show an issue transcending the particular case with a significant bearing on the public interest; determinations of fact and mere apprehension of miscarriage of justice do not suffice
Court orders
#- 1.The notice of motion dated 29th April 2025 seeking certification and leave to appeal to the Supreme Court is dismissed
- 2.Costs of the application awarded to the respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Court of Appeal at Kisumu
- Civil Appeal No. E246 of 2022
- Jurisdiction invoked
- Article 163(4) of the Constitution - application for certification and leave to appeal to the Supreme Court
Relief refused
#Certification of the intended appeal as raising matters of general public importance and leave to appeal to the Supreme Court
The dispute was private land litigation with no bearing on public interest and no special jurisprudential moment
Costs
Dismissed with costs to the respondent.
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.
Consequently, we decline to certify the matter. The notice of motion dated 29th April 2025 is dismissed with costs to the respondent.
mere apprehension of miscarriage of justice, a matter most apt for resolution in the lower superior courts, is not a proper basis for granting certification for an appeal to the Supreme Court
determinations of fact in contests between parties are not, by themselves, a basis for granting certification for an appeal before the Supreme Court.
Issues in the judgment
#Bench composition inconsistency between coram and the description of the appeal hearing
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ongera & 14 others v Makwae", Case Analysis (2025). Civil Appeal (Application) E246 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2213/eng@2025-11-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.