RULING
[1] The petition before this court is dated 30th October 2019 and filed on 1st November 2019, arising out of Judgment of the Court of Appeal (Karanja, Odek & Kantai, JJA) dated 19th July 2019 in Civil Appeal No 164 of 2013. The Court of Appeal overturned the Judgment and Orders of the High Court (Lenaola J, as he then was), in Constitutional & Human Rights Petition No 72 of 2011 delivered on 26th October 2012. In dismissing the 1st to 4th respondent’s petition, the High Court held that the petitioners herein had acted within the law in demanding payment of excise duty on returnable containers and that there was no breach of any Constitutional rights of the 1st to 4th respondents.
[2] Aggrieved by the decision of the Court of Appeal, the petitioners filed the instant petition dated 30th October 2019, and the matter was eventually set for hearing before this court on the 22nd September 2021.
[3] However, before the hearing and upon perusing the filed pleadings and record of appeal,…