Rule 5 (2) (b) Applications and the Constitutional Threshold for Appeals to the Supreme Court under Article 163 (4) (a): A Commentary of the Supreme Court’s decision in Roseline Orimba Onduo v Maurice Otieno Ochola [KESC]
Article 163 (4) (a) permits appeals to the Supreme Court as of right only in cases involving the interpretation and application of the Constitution. Yet, the content of that threshold is often misunderstood, despite the Supreme Court settling it in previous cases. Equally contested is whether interlocutory orders under Rule 5 (2) (b) of the Court of Appeal Rules can warrant an appeal to the Supreme Court. The Supreme Court, once again, settled the law on these issues. This commentary answers these questions together with other pertinent issues in appellate litigation; such as the nature of negative orders and why they cannot be stayed.
