REPUBLIC V. ATTORNEY GENERAL, MINISTER OF AGRICULTURE HON. KIPRUTO ARAP KIRWA, PATRICK WANDABWA, OBONGO NYACHAE, LEOPOLD MUREITHI, PETER MBOYA, BENJAMIN BETT, REUBEN OLEMBO, AGRICULTURAL DEVELOPMENT CORPORATION, KENYA FARMERS ASSOCIATION, HOSEA KIPKEMBOI SITIENEI ,FRANCIS OYATSI, SIMON NGILU, JOSEPH OMOKAMBA, NICHOLAS KIRITU & ROSE CHAURI EX-PARTE KENYA SEED COMPANY LIMITED, NATHANIEL K. TUM, ZAKAYO K. CHERUIYOT, GEORGE CHERUIYOT, NELSON KIRIOR & FRED WAFULA

JUDGMENT OF THE COURT

Introduction

1. The record of appeal before us is fairly voluminous, containing as it does over 2000 pages of reading material, a memorandum of appeal alone running into 37 grounds and submissions of counsel made over several days. It seems to us, however, that the appeal rests on two central issues – one procedural, the other substantive-which we shall identify and deal with presently.

2. The appeal arises from the decision of the superior court (Gacheche J) made on 6^th April, 2006, in which the learned Judge rejected prayers sought by the ex parte appellants for the issuance of Judicial Review orders of certiorari, prohibition and mandamus, on the basis that the application was void ab initio and that, in any case, it was devoid of merit.

The Parties

3. It is important on the outset that we understand who the protagonists in this matter are before we examine what precipitated the application before the superior court. At the epicentre is M/s. Kenya Seed Company …