1. The Court has noted that the Petitioner's Application dated 02/02/2026 was properly served and an Affidavit of Service filed in that regard. No response has been filed.
2. The Application is fairly straight forward and non-contentious. It merely seeks leave to file an Amended Petition to update the Petition that was filed prior to the promulgation of the Constitution of Kenya 2010; and to also update the factual matrix to cover the 17 or so years since filing.
3. In the exercise of the court’s inherent power, that Application is deemed to be just and proper and geared toward an expedited and merit-based determination. Consequently, the Petitioner/Applicant's Notice of Motion Application dated 02/02/2026 is allowed as prayed but with no orders as to costs.
4. The Petitioner shall file and serve an Amended Petition and this Ruling on the other parties by close of business 06/03/2026.
5. Responses to the Amended Petition be filed and served by close of business 27/03/2026.
6. Rejoinder, if need be, to be filed and served by close of business 17/04/2026.
7. Case management on 05/05/2026.
8. The Petitioner to also serve a Mention Notice alongside service of the Amended Petition and this brief Ruling.
DATED, SIGNED, AND DELIVERED VIRTUALLY THIS 24TH DAY OF FEBRUARY, 2026.
…………………………………………………………..
BAHATI MWAMUYE
JUDGE
In the presence of:
Mr. Okinyi for the Petitioners
Court Assistant - Neema
2. The Application is fairly straight forward and non-contentious. It merely seeks leave to file an Amended Petition to update the Petition that was filed prior to the promulgation of the Constitution of Kenya 2010; and to also update the factual matrix to cover the 17 or so years since filing.
3. In the exercise of the court’s inherent power, that Application is deemed to be just and proper and geared toward an expedited and merit-based determination. Consequently, the Petitioner/Applicant's Notice of Motion Application dated 02/02/2026 is allowed as prayed but with no orders as to costs.
4. The Petitioner shall file and serve an Amended Petition and this Ruling on the other parties by close of business 06/03/2026.
5. Responses to the Amended Petition be filed and served by close of business 27/03/2026.
6. Rejoinder, if need be, to be filed and served by close of business 17/04/2026.
7. Case management on 05/05/2026.
8. The Petitioner to also serve a Mention Notice alongside service of the Amended Petition and this brief Ruling.
DATED, SIGNED, AND DELIVERED VIRTUALLY THIS 24TH DAY OF FEBRUARY, 2026.
…………………………………………………………..
BAHATI MWAMUYE
JUDGE
In the presence of:
Mr. Okinyi for the Petitioners
Court Assistant - Neema