OKIYA OMTATA OKOITI & WYCLIFE GISEBE AKINA V. ATTORNEY GENERAL, KENYA RAILWAYS CORPORATION PUBLIC PROCUREMENT, OVERSIGHT AUTHORITY , CHINA ROAD AND BRIDGE CORPORATION & SOCIETY OF KENYA

RULING OF THE COURT

The applicants Okiyo Omtata Okoiti and Wyclyfe Gisebe Akina had filed a Notice of Motion seeking various orders. That Motion was called for hearing on 19^th January, 2016 but the applicants were absent. It was dismissed for non-attendance under rule 56(1) of this Court’s Rules.

On 23^rd January, 2016 the applicants filed a Notice of Motion dated 19^th January, 2016 where it is prayed in the main, that, the said motion which was dismissed be reinstated to hearing. The applicants say in the grounds in support of the motion that they arrived in court late because they were held up in traffic and that they are sorry for attending court late. The affidavit in support sworn on 19^th January, 2016 by the 1^st applicant reiterates the said grounds stating in addition, inter alia, that the applicants arrived in court just as ruling dismissing their motion was being delivered and that the said motion was the first item on the cause list that day.

The respondents filed respective rep…