J6 constitutional then importance requested rights of the accused. to refer the issue Counsel to the High Court so referred. to ascertain from the said report how the Attorney be to came thereafter the in a party in proceedings the High assistance I do not find that authority to be of much As such Court. and it was I am unable General the the trial Magistrate for determination, However, affecting to the State, let alone to me. As rightly pointed out by Counsel for the 1st Applicant, the FUNJIKA case of a constitutional case or does not deal with the mode of commencement the procedure to be followed when a matter is referred to the High Court for determination of a constitutional question. In response to the issue raised by the State, Counsel for the 1st Applicant pursuant persons the that submitted to Article other than 28 Article (2). those competently was matter appearing before a Court High for applications (1) provides 28 the before Subordinate Court. by The distinction is, indeed, apparent when one reads the two clauses of Article 28. Therefore, application, such the as Applicants by way were not of petition, required for them to make to be a heard grievanice. The relevant part of Article 28(1) of the Constitution provides: separate on their