I have heard counsel for the petitioner and counsel for respondents . I have noted that there no proper return of service upon 2nd and 5th respondents as the extracts of the emails are not legible. This court is not sure whether they were served or not. The right to be heard is fundamental and the 2nd and 5th respondents are crucial parties herein being the ones who conducted the said elections . Counsel for the respondent have also argued that they did not have sufficient time to respond as they have not been mapped to the court system . They seek 7-14 days to respond. Mr Begi has opposed this and sought interim orders to preserve the substratum of the petition. This has been opposed by the counsel for respondents who said they ought to be heard first and that the orders sought have been overtaken by events as it is now past 9.30 am . It is now 10.20 am and I believe that the AGM is ongoing or almost coming to an end if the convenors kept time and so the conservatory orders are overtaken by events. The substratum of the petition will not be rendered an academic exercise even if the orders are not granted at this point as the issues in the petition are weighty . In any event the 2nd and 5th respondents are not in court and this court would breach their rights if conservatory orders are issued in their absence. I direct as follows :
- The 2nd and 5th respondents be served with the pleadings herein by noon today and a proper return of service be filed .
- The application dated 11.7.24 has been overtaken by events .
- The respondents to file and serve their responses to the main petition within 7 days from today.
- The petition to proceed by way of written submissions .
- Petitioners to file and serve their submissions within 7 days of receipt of the responses .
- Respondents to also file their submissions within 7 days of receipt of the petitioners submissions .
- Petitioner is granted leave to file a supplementary affidavit with the submissions if need be .
- Mention on 23.10.24 for compliance /highlighting
- Each party will have 5 minutes to highlight and respond .
T.A ODERA
JUDGE
15.7.24