IN THE COURT OF APPEAL
AT NAIROBI
( Coram: Cockar, Muli and Omolo JJ A )
CIVIL APPLICATION NO. 241 OF 1993
BETWEEN
KENNETH STANLEY NJINDO MATIBA..................................APPLICANT
AND
DANIEL TOROITICH ARAP MOI.........................................RESPONDENT
(Application to strike out a notice of appeal in an intended appeal from a decision of the High Court of Kenya at Nairobi (Mr Justice Torgbor, Mr Justice Amin and Mr Justice Couldrey) dated 1st July, 1993
in
High Court Election Petition No 27 of 1993)
*****************************************
RULING
Cockar JA. This is a notice of motion filed under rules 42(1) and 80 of the Court of Appeal Rules to strike out the notice of appeal dated and filed on 2nd July, 1993, on behalf of the respondent against the decision of the High Court of Kenya given on 1st July, 1993. The facts leading to the notice of motion briefly are that following the election of His Excellency President Daniel Toroitich arap Moi, the respondent, as the President of …