JUDGMENT
A. Background
The instant appeal is dated and filed on May 28, 2019. The appellants seek this court to overturn the Judgment of the Court of Appeal (Makhandia, Ouko & Murgor, JJA) delivered on 6th October 2017 in Nairobi Civil Appeal No 184 of 2012 which decision allowed an appeal against the decision of the High Court in HC Constitutional & Judicial Review Misc Civil Case No 12A of 2006 (OS).
(i) Proceedings at the High Court
This matter can be traced to a Legal Notice Number 78 of 1998 published on June 12, 1998(the Legal Notice), when retired President of Kenya, Daniel Arap Moi by an order known as “The Moi Teaching and Referral Hospital Board Order, 1998” established the 2nd respondent as a State Corporation, and appointed its Board to take over the 1st respondent’s hospital, and properties including rights, duties, obligations, assets and liabilities. Following the promulgation of the Legal Notice, the appellants and the 2nd respondent, without following the due process of t…