I have considered the issues raised by counsel for the Defendants in the Amended Notice of Preliminary Objection and the response made by the Plaintiff's counsel and I make the following decision in light of the overriding objective and the court's mandate under Article 159(2)(d) of the Constitution:
1. On the issue that the reliefs sought in the application are inconsistent with the final orders in the Plaint, I will consider this issue substantively when dealing with the application.
2. As regards the verifying affidavits and the authority to file suit, I hold that there is evidence that a meeting of the Plaintiffs was held a resolution reached to file suit. What is missing is the written authority from all the Plaintiffs. I therefore direct the Plaintiffs to file the written authority and consent to file the suit.
3. The matter shall be mentioned on 21.03.2023 for directions to enable the Plaintiff rectify all the deficiencies and confirm compliance.
DATED and DELIVERED at NAIROBI this 17th MARCH 2023
D. S. MAJANJA
JUDGE