Constitution of Kenya, 2010 204 [Subsidiary] Failure to respond within stipulated time. 16. (1) If the respondent does not respond within the time stipulated in rule 15, the Court may hear and determine the petition in the respondent’s absence. (2) The Court may set aside an order made under subrule (1) on its own motion or upon the application of the respondent or a party affected by the order. Consolidation. 17.The Court may on its own motion or on application by any party consolidate several petitions on such terms as it may deem just. Amendment of pleadings. 18. A party that wishes to amend its pleadings at any stage of the proceedings may do so with the leave of the Court. Formal applications. 19. A formal application under these rules shall be by Notice of Motion set out in Form D in the schedule and may be supported by an affidavit. PART III—HEARING AND DETERMINATION OF COURT PROCEEDINGS Hearing of the petition. 20. (1) The hearing of the petition shall, unless the Court otherwise directs, be by way of— (a) affidavits; (b) written submissions; or (c) oral evidence. (2) The Court may limit the time for oral submissions by the parties. (3) The Court may upon application or on its own motion direct that the petition or part thereof be heard by oral evidence. (4) The Court may on its own motion, examine any witness or call and examine or recall any witness if the Court is of the opinion that the evidence is likely to assist the court to arrive at a decision. (5) A person summoned as a witness by the court may be cross examined by the parties to the petition. Evaluating petition for directions and allocating hearing dates. 21. (1) In giving directions on the hearing of the case, a Judge may require that parties file and serve written submissions within fourteen days of such directions or such other time as the Judge may direct.