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Parliamentary Service Commission v. Salaries and Renumeration Commission, Attorney General, Law Society of Kenya, Benson Mutura & Okiya Omtata Okoiti

(2020) JELR 94108 (CA)

Court of Appeal  •  Civil Application 51 of 2019  •  24 Apr 2020  •  Kenya

Coram
Roselyn Naliaka Nambuye, Sankale ole Kantai, Kathurima M'inoti

Judgement

RULING OF THE COURT

Before us is a Notice of Motion dated 14th February 2019, and filed on 15th February 2019. It is premised on Rule 42 and 77 of the Court of Appeal Rules (CAR). It substantively seeks to strike out the Notice of Appeal dated 13th December 2018, together with an attendant prayer for provision for costs. It is supported by grounds on its body, a supporting affidavit of Jeremiah Nyegenye CBS, and a further affidavit of Esther Mwikali, sworn on 16th May 2019 and filed on 17th May 2019. The application is opposed by a replying affidavit sworn and filed on 13th May 2019 by Anne R. Gitau, on behalf of the 1st respondent.

The application was canvassed by way of oral submission. Learned counsel Mr. G. S. Miyare appeared for the applicant, while learned counsel Mr. Andrew Wandabwa, appeared for the 1st respondent. There was no appearance for the 2nd, 3rd, 4th and 5th respondents who were duly served. In support of the application the applicant submitted that on 10th December, 2…

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