RULING OF THE COURT
This is an application brought under Rules 42 and 80 of the Court of Appeal Rules seeking an order that the notice of appeal dated 5th July, 2004 and lodged on 7th July, 2005 be struck out with costs.
When the application came up for hearing on 22nd February, 2012 Mr. L.O. Oluoch the learned counsel appeared for the applicant but there was no appearance for the respondent. Since the respondent’s advocates had been served with the hearing notice we allowed Mr. Oluoch to proceed with the application.
In his submissions Mr. Oluoch relied on the affidavit of James Mbaluku, who described himself as an Administrative Officer of the Kenya Agricultural Research Institute (KARI) and on the following grounds:-
“a. Some essential step in the proceedings has not been taken in that the record of appeal has not been filed five years following the filing of the Notice of Appeal;
b. Due to the lapse of time before filing the Record of Appeal, it is apparent that the respondent is not …