PARLIAMENTARY SERVICE COMMISSION V. SALARIES AND RENUMERATION COMMISSION, ATTORNEY GENERAL, LAW SOCIETY OF KENYA, BENSON MUTURA & OKIYA OMTATA OKOITI

RULING OF THE COURT

Before us is a Notice of Motion dated 14^th February 2019, and filed on 15^th 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 13^th 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 16^th May 2019 and filed on 17^th May 2019. The application is opposed by a replying affidavit sworn and filed on 13^th May 2019 by Anne R. Gitau, on behalf of the 1^st 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 1^st respondent. There was no appearance for the 2^nd, 3^rd, 4^th and 5^th respondents who were duly served. In support of the application the applicant submitted that on 10^th December, 2…