RULING OF THE COURT
[1] Before the Court is a Notice of Motion dated 25th June 2020 brought by the Attorney General under the provisions of Articles 159 and 163(4)(a) of the Constitution, Sections 21(2) and 24(1) of the Supreme Court Act, and Rules 23 and 53 of the Supreme Court Rules 2012. It is supported by the affidavit of Solomon Kitungu, Principal Secretary, State Department of Transport at the Ministry of Transport and Infrastructure, Housing and Urban Development, sworn on the same date. It seeks leave to file the petition and record of appeal out of time and that the costs of the application do abide the result of the intended appeal.
[2] The background of the matter is that by a Take or Pay Agreement dated 30th September 2014 between the Kenya Ports Authority, the 1st respondent herein and the Kenya Railways Corporation, the 5th respondent, Kenya Ports Authority agreed to consign a set volume of containers through the Standard Gauge Railway to its Inland Container Deport in Emb…