JUDGMENT OF THE COURT
Although the record of appeal before us is voluminous as it runs into almost 1,000 pages together with a plethora of authorities cited by the learned counsel for the appellant, the cause of all that is before us is actually the introduction of two affidavits at the hearing of an application in the superior court pursuant to the provisions of sections 8 and 9 of the Law Reform Act (Cap. 26 Laws of Kenya) and Order LIII and Rule 3 of the Civil Procedure Rules. We should also add that the Memorandum of Appeal comprises fifty (50) grounds of appeal.
In order to appreciate what is before this court a brief summary of the background will be necessary. The appellant herein, Hon. Mr. Justice Moijo Mataiya Ole Keiwua, a Court of Appeal Judge in the Republic of Kenya, is a respondent in proceedings before a Tribunal established under section 62 of the Constitution of Kenya. The said Tribunal was established vide Gazette Notice No. 8828 of 2003 by the President of the Republi…