JUDGMENT OF THE COURT
The appeal we are about to determine followed the judgment of the High Court (Gacheche J) delivered on 6th April, 2011.
On 23.10.2009 Mwangi Stephen Muriithi, the 1st respondent, filed a petition in the High Court invoking the powers donated by Section 84 (1) of the Constitution in force then but since repealed, together with the Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual) High Court Practice Rules 2006. The reliefs sought were as provided for under Sections 72 and 75 of the said Constitution. In the whole matter reference will merely be made to the Constitution and the Rules. The 1st respondent filed his petition against the appellant, Hon. Daniel Toroitich Arap Moi, the President of Kenya since retired, hereinafter to be referred to simply as the appellant.
During the proceedings, the 2nd respondent, Raymark Ltd was joined as the interested party in connection with a certain piece of land the…