James Ndungo was the complaint before the Respondent and whose complaint resulted in the decision that led to this appeal. He is a party directly affected by the decision and has a right to be heard before this court. That right cannot be taken away in a manner that it prejudicial to him. Therefore the application dated 15.01.2024 is allowed on terms that the James Ndungo is hereby joined as the 2nd Respondent in this appeal. This means that the court cannot adopt the consent dated 14.02.2023 between the Appellant and Respondent. It is therefore rejected. Orders accordingly.
Mention on 25.03.2025 for directions on the appeal.
DATED and DELIVERED at NAIROBI this 15th day of MARCH 2024
D. S, MAJANJA
JUDGE