'1. The court has considered the arguments by all counsels.
2. I have been urged to consider deconsolidation of Petition No. E611 of 2025 so that their parties is E486 of 2025 can proceed and enter into a consent.
3. That position fails to appreciate the fact that once consolidation is ordered by the court, it is based on court’s consideration of issues that the two matters are similar and are thus joined/merged/combined to become one so that they can be heard together.
4. To ask the court to deconsolidate means that the court is being invited to review its decision, which means the threshold of making a review application must be proved or established. Merely stating that the reason is to enable a consent to be made is not enough.
5. Further, it is also important to note that the two matters are filed in public interest.
6. Certainly, public interest cannot be secured by entering into a consent in Petition E486 of 2025 while the other matter which is Petition E611 of 2025 that also about public interest is left to be determined through the court process. The question would be, are there two different public interests?
7. Finally, if the consent is meant to facilitate legislative amendment; I do think the conservatory order in place prevents/stops the Attorney General or the Cabinet Secretary from making their legislative proposals.
8. I thus decline to grant the orders sought at the moment.
9. Previous directions issued by Justice Bahati are maintained unless the Judge in his discretion decides otherwise.
Dated, signed and delivered virtually at Nairobi this 23rd October, 2025.
…………………………………
L N MUGAMBI
JUDGE
'
2. I have been urged to consider deconsolidation of Petition No. E611 of 2025 so that their parties is E486 of 2025 can proceed and enter into a consent.
3. That position fails to appreciate the fact that once consolidation is ordered by the court, it is based on court’s consideration of issues that the two matters are similar and are thus joined/merged/combined to become one so that they can be heard together.
4. To ask the court to deconsolidate means that the court is being invited to review its decision, which means the threshold of making a review application must be proved or established. Merely stating that the reason is to enable a consent to be made is not enough.
5. Further, it is also important to note that the two matters are filed in public interest.
6. Certainly, public interest cannot be secured by entering into a consent in Petition E486 of 2025 while the other matter which is Petition E611 of 2025 that also about public interest is left to be determined through the court process. The question would be, are there two different public interests?
7. Finally, if the consent is meant to facilitate legislative amendment; I do think the conservatory order in place prevents/stops the Attorney General or the Cabinet Secretary from making their legislative proposals.
8. I thus decline to grant the orders sought at the moment.
9. Previous directions issued by Justice Bahati are maintained unless the Judge in his discretion decides otherwise.
Dated, signed and delivered virtually at Nairobi this 23rd October, 2025.
…………………………………
L N MUGAMBI
JUDGE
'