53 Waibara v Annie Kibeh & Another, Supreme Court Petition 24 of 2018), and so is one involving constitutional timelines for EDR under Articles 87(1) and 105 (Martha Wangari Karua v IEBC & 3 Others, Supreme Court Petition 3 of 2019). 2.4.6.7.0 If an appeal includes both questions of constitutional interpretation and application and other matters which do not fall within the scope of Article 163(4) of the Constitution, the apex Court has ruled that it has the discretion to exercise jurisdiction over those falling within its mandate and exclude the rest (Clement Kungu Waibara v Annie Kibeh & Another, Supreme Court Petition 24 of 2018). 2.4.6.8.0 The Supreme Court will be hesitant to interfere with the exercise of the Court of Appeal’s discretion unless the appellant can demonstrate that: (i) the Court of Appeal acted on a whim, (ii) the Court of Appeal’s decision was unreasonable, (iii) the decision of the Court of Appeal was made in violation of any law or the Constitution, or (iv) that the decision was plainly wrong and caused undue prejudice to a party (Musa Cherutich Sirma v IEBC & 2 Others, Supreme Court Petition 13 of 2018). 2.4.6.9.0 In the exercise of its jurisdiction, the Supreme Court is empowered by the Supreme Court Act 2011 to proceed, where it considers it necessary, by way of a fresh hearing, or to grant any order or relief that was open to the Court of Appeal to grant (Cyprian Awiti & Another v IEBC & 3 Others, Supreme Court Petition 17 of 2018). 2.4.6.2 Cases Involving Matters of Public Importance 2.4.6.2.0 Although the Supreme Court and the Court of Appeal have concurrent jurisdiction in certifying a case as involving a matter of public importance, a litigant who seeks to appeal to the Supreme Court on a matter of public importance must seek certification of the case from the Court of Appeal in the first instance ( Rule 33(1) of the Supreme Court Rules, 2020; Hassan Nyanje Charo v Khatib Mwashetani & 3 Others, Supreme Court Civil Application No. 14 of 2014; and Sum Model Industries Ltd v Industrial and Commercial Development Corporation, Supreme Court Civil Application No. 1 of 2011). The Supreme Court may review and affirm, vary or overturn a decision of the Court of Appeal certifying a case as one involving a matter of general public importance (Article 163(5) of the Constitution). Further authorities 1. Naomi Wangechi Gitonga & 3 Others v IEBC & 4 Others, Supreme Court Civil Application No. 2 of 2014 BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION