Kevian Industries chairman Kimani Rugendo is asking the Court of Appeal to clear his path to the Supreme Court in a coastal land dispute that has run for years and now faces a restart.
Rugendo wants the appellate court to certify that his intended appeal raises a matter of public importance, a legal threshold required before the Supreme Court can take up most disputes.
At the heart of his bid is a recent Court of Appeal decision that ordered a full retrial in the Environment and Land Court after judges were moved from the case before judgment. The appeal bench, made up of Justices Francis Tuiyott, Lydiah Achode and Aggrey Muchelule, said the matter must be heard again from the beginning, this time before a different judge.