<p style="text-align: center"><strong><u>RULING OF THE COURT</u></strong></p><ol><li><p style="text-align: justify">The Notice of Motion for our determination is dated 15th February, 2022. Invoking Article 159 (2) (d) of the Constitution, section 3, 3A and 3B of the Appellate  Jurisdiction Act and rule 29 (1) (b), (2) and 42 (the Court of Appeal Rules 2010, (now 31(1)(b)), the applicant seeks leave of this Court to adduce additional evidence in this appeal. In pursuit of this leave, the applicant seeks to adduce a certified copy of the judgment arising from the Chief Magistrate’s Court in Kibera, <strong>Criminal Case No. 719 of 2011; <em><u>Republic vs. Solomon Ndunda Kitonyi and Liberato Manga Kivanga</u></em></strong><em>.</em></p></li><li><p style="text-align: justify">The application is supported by the grounds on the body of the Motion and the supporting affidavit of the applicant. According to the applicant, he was employed by the respondent from 2nd May, 2001 until 20th July, 2011 when he was dismissed from employment on account of allegedly stealing Kshs. 4,611,490.00 from the respondent in the course of his employment.</p></li><li><p style="text-align: justify">To put the application in context, w…</p></li></ol>