JUDGMENT OF THE COURT
When this appeal came up for hearing before us on 8th October, 2015 Paul Muite, SC, who led Mr. Mansur Issa advocate for the 1st and 2nd respondents took the view that the only issue that remained for determination in the appeal involved the order of the High Court that consolidated High Court of Kenya Constitutional and Human Rights Division Petition No. 244 of 2014 and Petition No. 495 of 2014. In his view to move the process forward and to enable the petition in the High Court to be heard, the said respondents were conceding to the appeal the consequence being that the two petitions which had been ordered consolidated be separated and be heard separately.
Pheroze Nowrojee, SC, who led Mr. Fred Ngatia for the appellants took a different view and submitted that there were other matters in the appeal other than the issue of consolidation, to be determined.
As the said counsel were not agreed we ordered that the appeal be heard on all other issues save on the issue o…