RULING OF THE COURT
This is an application by way of Motion on Notice by JOSEPH MUCHERE AOKO (hereinafter the applicant) dated 16th June, 2012 expressed to be brought under Rules 42, 43, 84 of the Court of Appeal Rules, seeking, in so far as is relevant, the following order:-
(1). That the Notice of Appeal lodged in the Industrial Court on the 5th day of January 2012 be struck out.
The application is supported by the affidavit of JOSEPH MUCHERE AOKO sworn on the same day. Several averments in the affidavit which are relevant to this application are essentially the same as the grounds in the body of the application and more particularly that:
a. The appeal herein does not lie in view of the provisions of Section 64(1) of the Constitution of Kenya notwithstanding Article 162(a) and 164(3) of the Constitution of Kenya 2010, and the provisions of Section 27 of the Labour Institutions Act. No. 12 of 2007.
b. The Court lacks Jurisdiction to entertain the intended appeal.
Conversely, the respond…