RULING OF THE COURT
1. The appellant/applicant, National Cereals and Produce Board, (hereafter referred to as “the Board”) seeks leave of the Court under Rule 29(1)(b)(2) of the Rules of the Court to adduce further evidence in support of the appeal. It proposes, if leave is granted, to present the further evidence by filing and serving a supplementary record. The additional evidence that the Board proposes to adduce is a special report of the Public Investments Committee adopted by the National Assembly on 12th November 2013 (“the report”) on the contract between the Board and the respondent, which is the basis of the relationship between the parties in this appeal. The Board says that the report contains new and important evidence that is necessary for the fair and just determination of the appeal.
2. The Board is established under section 3 of the National Cereals and Produce Board Act, chapter 338 of the Laws of Kenya. It is mandated under that statute to buy, store, sell, …