I have read and considered the certificate of urgency and notice of motion, all dated 30 July 2026, together with accompanying annextures. The application raises an issue which is appropriate for determination, in limine. It is noted that the application seeks to introduce two additional ex parte applicants at the substantive motion stage. A new ex parte applicant cannot be introduced at the this stage without leave being granted specifically for that applicant to commence judicial review proceedings. Under Order 53, judicial review proceedings can only be commenced by way of leave. Further, this court notes that the applicants have sought leave to commence judicial review in HCJRMISC/E120/2026 which is pending before W. Musyoka, J. The filing of this application is, therefore, an abuse of the court process. The recourse available to the applicants is to seek consolidation of the two matters for hearing at the substantive stage. This application is, consequently, dismissed, in limine.
Ruling delivered via the CTS platform this 3rd day of August 2026.
Ruling delivered via the CTS platform this 3rd day of August 2026.