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…of courts in the two cases are agreed that an express statutory provision conferring, jurisdiction with the majority in MUNENE’s case holding that such express statutory authorization is to be found in section 66 of the Civil…

…Procedure Act, Cap 21, while the majority in NJERU’s case thought that section 66 of the Civil Procedure Act does not provide a basis for the assumption of jurisdiction by the court.…

…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…

…The Republic had not appealed against that finding, so as to obtain a declaratory judgment under section 379(5) of the Civil Procedure Code, as it had not been certified that the point involved was of such exceptional public…