JAMES MWANGI NGANGA V. KENYATTA UNIVERSITY COUNCIL, ONESMUS K. OLE MOIYOT CHAIRMAN, KENYATTA UNIVERSITY COUNCIL, VICE CHANCELLOR €“ KENYATTA UNIVERSITY, GEORGE S. ESHIWANI & LAWRENCE M. MUNGAI

RULING OF THE COURT

We have before us a convoluted application, not just because of the manner it is drawn up, but also in the presentation of it made by learned counsel for the applicant Mr. Riitho.

The application dated 29^th April, 2008 is filed within the main appeal and runs into 143 pages. It invokes the following provisions of the law:

Rules 29, 42 and 44 of the Court of Appeal rules.

Section 3 of the Appellate Jurisdiction Act.

On the basis of those provisions, the applicant sought the following orders: -

“1. THAT the appellant do be given leave to file new documentary evidence copies (sic) which are annexed to the supporting affidavit to introduce new documentary evidence of what happened to Civil Application No. NAI. 317 of 2000 (156/2000 UR) which was application for stay of execution of orders dated 23^rd October, 2000 which are subject to this Civil appeal and which was withdrawn on 15^th February, 2001 after the Respondents executed the orders of 23^rd October, 2000 on 31^st Decemb…