RULING OF THE COURT
Before the Court is a Notice of Motion dated the 21st day of February, 2017. It is brought under Article 159 (2) (a) and (b) of the Constitution, sections 3 and 3A of the Appellate Jurisdiction Act Cap 9 Laws of Kenya and all the inherent powers of the Court. The substantive prayer seeks leave of this Court to strike out the notice of appeal dated and lodged on the 24th day of December, 2012 intending to appeal against the whole of the judgment of the Industrial Court (Now Employment and Labour Relations Court) (Nzioki wa Makau, J.) delivered on the 11th day of November, 2012. The rest of the prayers dealing with the release of sums deposited as security for the conditional order of stay of execution granted by the Court below as well as the attendant request for leave to execute fall outside the ambit of our mandate and will not therefore form part of the reasoning and the outcome of this ruling.
The application is supported by the grounds on its body and a supporti…