<p class="ql-align-justify">JUDGMENT OF THE COURT</p><p class="ql-align-justify">1. This is an appeal from the order of the High Court of Kenya at Nairobi (Khamoni, J) dated the 2^nd July 2010 in Misc. Civil Application No. 111 of 2010. In the matter, <em>JOSEPH KINYANJUI MWAI</em> <em>T/A SANDWORTH PRINTING and PACKAGING</em> (respondent) filed a notice of motion dated 19^th March, 2010, in which he sought for extension of time to file an appeal from the judgment of the Energy Tribunal. By the ruling delivered on 2^nd July, 2010, the respondent was granted leave to file the appeal. That is the order which has now given rise to the present appeal.</p><p class="ql-align-justify">2. Being dissatisfied with that order the appellant has appealed on the following grounds:</p><p class="ql-align-justify"><em>“1. The learned judge misdirected himself in failing to hold that the Third Schedule of the Energy Act and in particular paragraph 11 set out the substantive law and procedure governing appeals from the Energy Tribunal to the High Court.</em></p><p class="ql-align-justify"><em>2. The learned judge erred in failing to hold that the provisions of the Third Schedule of the Ene…</em></p>