(iii) The matter to be certified must fall within the terms of Article 165 (3)(b) or (d) of the Constitution; (vi) The applicant has an obligation to identify and concisely set out the specific substantial question or questions of law which he or she attributes to the matter for which the certification is sought.” 43. It is our judgment therefore, that whether a matter raises a substantial point of law for purposes of Article 165(4) of the Constitution is a matter for determination on a case-by-case basis. The categories of factors that should be taken into account in arriving at that decision cannot be closed.” 146. Whether or not a matter will be certified as raising substantial question of law is a matter left to the discretion of the individual Judge to be exercised judiciously as guided by the authorities and the general guide under the Constitution. Matters requiring certification of empanelment of a bench must be demonstrably shown to be of great significance to the public in general as opposed to mere interest of the parties to the dispute and further, to present legal issues in which the existing legal principles have not settled with finality. 147. The question thus becomes, does the present Petition satisfy the threshold for certification of a bench? A reading of the Petition discloses that it raises weighty constitutional questions, namely: i. Protection of human rights in the age of Artificial Intelligence (AI), particularly where the use of Artificial Intelligence in social media platform results in violation of human rights, hence to what extent, if any, social media platforms acting as intermediaries should be held accountable. ii. Whether there is intentional algorithmic bias and discriminatory AI for different geographical regions. iii. The Constitutional jurisdiction of this Court in relation to digital decisions made in Kenya with a wider reach on violation of human rights in other jurisdictions and the vice-versa. 148. I am persuaded that this petition raises a substantial questions of law and hence satisfies the threshold under Article 165(3) (b) and (d) of the Constitution. The issues raised are substantial and transcend the interests of the parties involved in the Petition. These are matters of general public importance relating to protection of fundamental rights and freedoms in the digital era. 149. The resolution of the present dispute will go a long way in chatting a clear jurisprudential path that ensures observance of human rights in a borderless digital community. 150. The upshot is that the Petition is certified for empanelment of a bench by the Honourable the Chief Justice. Dated, signed and delivered virtually at Nairobi this 3rd day of April, 2025. ………………………………… L N MUGAMBI JUDGE SIGNED BY: HON. MR. JUSTICE LAWRENCE N. MUGAMBI The Judiciary of Kenya Doc IDENTITY: 2256051208128601561718914604 Tracking Number:OOEX9A2025 22/23