151 Supreme Court Rules, 2020); and Nicholas Kiptoo Arap Salat v IEBC & 7 Others, Supreme Court Civil Application No. 16 of 2014). 4.13.3 Not all decisions of the Court of Appeal are appealable, as of right, to the Supreme Court. Only decisions of the Court of Appeal in appeals involving the interpretation or application of the Constitution can be appealed as of right (Article 163(4)(a) of the Constitution; section 15 of the Supreme Court Act; and Alfred Nganga Mutua & 2 Others v Wavinya Ndeti & Another, Supreme Court Petition 11 of 2018). 4.13.4 Election petition appeals are not automatically cases involving the interpretation or application of the Constitution. In the case of Nasra Ibrahim Ibren v IEBC & 2 Others, Supreme Court Petition No 19 of 2018, the Supreme Court emphasised this point as follows: …Consequently, it is pragmatic that the Munya 1 case should be construed within the larger framework of the constitutional rationale in Article 163(4)(a) of the Constitution. Parties cannot disengage from the legal filtering mechanism enshrined in Article 163(4) of the Constitution and haphazardly cite this case law when invoking this Court’s appellate jurisdiction as of right… …Consequently, it is our determination that where a party in an election petition invokes this Court’s jurisdiction under Article 163(4)(a) of the Constitution, it is not enough for one to generally allege that the Court of Appeal erred in its decision(s) and that its reasoning and conclusions took a constitutional trajectory. The constitutional trajectory stated by this Honourable Court is not illusionary. It is tangible and should be discernable from a party’s pleadings. A party is under a constitutional forensic duty to clearly set out the particulars of the constitutional transgressions that in his/ her opinion the Court of Appeal committed in their interpretation and/or application. Those grounds must be pleaded with precision and the constitutional principle and/or provision alleged to have been violated clearly set out. 4.13.5 Where no constitutional interpretation or application was done by the Court of Appeal in its determination of an election petition appeal, the decision of the Court of Appeal can only be appealed to the Supreme Court with leave/Certification as to the appeal’s general public importance (Article 163(4)(b) of the Constitution; Section 16 of the Supreme Court Act; Rule 33 of the Supreme Court Rules, 2020; and Hermanus Phillipus Steyn v Giovanni Gnecchi-Ruscone, Supreme Court Application 4 of 2012). 4.13.6 An Application for Certification of an appeal as raising a matter of general public importance must be made, in the first instance, at the Court of Appeal. The decision of the Court of Appeal on an application for certification may be reviewed by the Supreme Court if the review is sought within 14 days of the Court of Appeal’s ruling (Rule 33 of the Supreme Court Rules, 2020; and Sum Models Industries Ltd v Industrial and Commercial Development Corporation, Supreme Court Civil Application No. 1 of 2011. BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION