the terms of Article 165(3)(b) of the Constitution; whether the petition is one of general public interest/ importance; the specific substantial questions of law for which the certification is sought; and whether there is a state of uncertainty in the law. 20. Relying on the averments and the alleged constitutional violations outlined in the petition, Counsel submitted that the issues therein invoke Articles 165(3) (b) and (d) of the Constitution hence qualifies as a matter for certification under Article 165(4) of the Constitution as affirmed in Esther Awuor Adero v Cabinet Secretary (Education) & Others [2021] eKLR. 21. Counsel relying in Hermanus Phillipus v Giovanni Gnecchi-Ruscone [2013] eKLR submitted that the Supreme Court guided that public interest is the general welfare of the public that warrants recognition and protection, something in which the public as a whole has a stake. Counsel reiterating the contents of the petition argued that the petition raises issues that concern the public and need for protection of its rights. It was stressed that determination of this petition would transcend the rights of the petitioners herein. 22. Counsel submitted that the Court of Appeal in Okiya Omtatah Okoiti & another v Anne Waiguru – Cabinet Secretary, Devolution and Planning & 3 others [2017] eKLR emphasized that an application for empanelment must underscore the specific issues that are deemed substantial questions. Counsel noted that the substantial questions herein had been captured under Paragraph 3 of the Application. 23. Counsel contended in the fourth issue that these are novel issues as they have not been settled by the Supreme Court in Kenya nor the Privy Council of the United Kingdom. Furthermore, that there is currently no precedent set in Kenya nor in any other country concerning these issues being: the issues on the new digital concepts such as algorithms and artificial intelligence and their effects on human rights. Likewise, the issues raised stem from the borderless nature of the internet. For these reasons, Counsel argued that there is uncertainty in law concerning these matters. 3rd Petitioner’s Submissions 24. Counsel, Ochiel Dudley for the 3rd petitioner filed submissions dated 27th December 2023 in support of the application. 25. Counsel submitted that the petition raises substantial questions of law which necessitate the certification of a bench. Additionally, Counsel submitted that there is uncertainty in law concerning the issues raised. This was appreciated by the Court of Appeal in Okiya Omtatah Okoiti(supra) as cited in support. 26. Counsel further pointed out that the respondent in its application had admitted the novel nature in this matter by asserting that the petition presents an unprecedented legal theory. According to Counsel, the issues raised herein necessitate the empanelment of a bench to address the pertinent issues including those of this Court’s jurisdiction. This is more so in view of the liability of multinational corporations such as the respondent for violation of the rights of Kenyans as the 3rd petitioner, the rights of foreigners living in Kenya such as the 2nd petitioner and the rights of foreigners domiciled in other countries by multinational corporations operating in Kenya such as the 1st petitioner. 1st Interested party’s Submissions 27. The 1st interested party also in support of the application filed submissions dated 15th November 2023 through the firm of Muge Law Advocates. The sole issue for determination highlighted was whether the petition raises a substantial question or questions of law. 28. Counsel submitted that the petition raises a substantial question of law which warrants empanelment of a bench in line with Article 165(4) of the Constitution. Counsel anchored this argument on the grounds that: the petition raises questions of law that fall under Article 165(3)(b) of the Constitution as is evident from the petition, determination of the questions not only affects the petitioners but also affects the general public and it is clear that the questions such as use of The Judiciary of Kenya Doc IDENTITY: 2256051208128601561718914604 Tracking Number:OOEX9A2025 5/23