Muyesu & another v Attorney General & 6 others; Wanjigi (Interested Party) (Petition E248 of 2023) [2025] KEHC 14769 (KLR) (Constitutional and Human Rights) (23 October 2025) (Directions) Neutral citation: [2025] KEHC 14769 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CONSTITUTIONAL AND HUMAN RIGHTS PETITION E248 OF 2023 RE ABURILI, JM CHIGITI & LN MUGAMBI, JJ OCTOBER 23, 2025 BETWEEN SHADRACK SHARU MUYESU ..................................................... 1ST PETITIONER KLINSMAN MUNASE .................................................................... 2ND PETITIONER AND THE HONOURABLE ATTORNEY GENERAL OF THE REPUBLIC OF KENYA ............................................................................................. 1ST RESPONDENT GOVERNOR, CENTRAL BANK ................................................ 2ND RESPONDENT CONTROLLER OF BUDGET ..................................................... 3RD RESPONDENT THE CABINET SECRETARY, NATIONAL TREASURY AND PLANNING .................................................................................... 4TH RESPONDENT THE NATIONAL ASSEMBLY ..................................................... 5TH RESPONDENT THE NATIONAL TREASURY .................................................... 6TH RESPONDENT THE CENTRAL BANK OF KENYA ........................................... 7TH RESPONDENT AND HON. JIMI WANJIGI .............................................................. INTERESTED PARTY https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14769/eng@2025-10-23 1
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DIRECTIONS Bench Directions 1. When this matter came up for mention on 6th October, 2025 on an application dated 18th day of September, 2025 filed by the 1st, 4th and 6th Respondents seeking the consolidation of this Petition with Constitutional Petition No. E216 of 2025 between Okiya Omtatah Okoiti & 8 others v H.E. (Former President) Uhuru Muigai Kenyatta & 21 others, this Bench was not fully constituted, as Hon. Mr. Justice L.N. Mugambi was engaged in other official duties. 2. Notwithstanding, it came to the attention of this bench that the Hon. Chief Justice had already empanelled a three-judge bench comprising Hon. Justices Gikonyo, Moses Ado and Josphine Mong’are, pursuant to Article 165(4) of the Constitution, for the purpose of hearing and determiningConstitutional Petition No. E216 of 2025. 3. Whereas the parties to the two Petitions are not identical, our perusal of the pleadings in both Petitions reveal that the two Petitions substantially seek similar or overlapping reliefs. In our considered view, and in the interest of avoiding the risk of conflicting decisions and potential judicial embarrassment in this public interest litigation, as well as to promote the efficient use of judicial time and resources, it is prudent that the two Petitions be heard and determined together by a single bench. 4. We are not unaware that there appears to be no established precedent guiding the procedure to be adopted in circumstances such as the present, where practical difficulties arise in relation to petitions falling under Article 165(4) of the Constitution. Notably, the power to constitute a bench under the said Article is a preserve of the Hon. the Chief Justice and therefore one bench as constituted has no power to consolidate a matter with another matter pending before a different bench of Judges. 5. Accordingly, and in view of our above observations, we hereby respectfully place this file before the Hon. the Chief Justice for consideration of our recommendation to constitute one bench to hear and determine this Petition and Petition No. E216 of 2025 together and for such further directions as she may deem appropriate to issue. DATED AND SIGNED AT NAIROBI THIS 23RD DAY OF OCTOBER, 2025 R.E. ABURILI JUDGE CHIGITI (SC) JUDGE L.N. MUGAMBI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14769/eng@2025-10-23 2
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