RULING OF THE COURT
1. Joseph Sombo, Mwanduri Meri, Bahru Mwagundu, Mwahui Mwarijamba and Kazungu Karisa (Suing on behalf of 15,000 individual (sic) of the Amwezi and Mirima clans of the Duruma Community) (hereafter appellants/applicants), moved to the High Court of Kenya at Mombasa vide plaint dated 19th October, 2012 seeking several reliefs against the respondents herein. A verifying affidavit of even date in support of the plaint was sworn by Joseph Sombo who deposed that he had authority to swear the same “on behalf of approximately 15,000 individuals belonging to the Amwezi and Mirima clans of the Duruma Community .” The affidavit makes no reference to any annexures thereto.
2. An amended plaint was later filed later on 9th September, 2013 bringing on board a 5th respondent in the name of Daniel Toroitich Arap Moi as the 6th respondent. A verifying affidavit in support of the amended plaint bore no reference to any annexures either.
3. The respondents filed and served their amended …