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PATRICK WANYONYI KHAEMBA V. TEACHERS SERVICE COMMISSION, BOARD OF MANAGEMENT, KAPLETINGI MIXED DAY SECONDARY SCHOOL & FRANCIS TANUI

(2019) JELR 93578 (CA)

Court of Appeal  •  Civil Application 102 of 2019  •  28 Nov 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia

Judgement

RULING

What is before me is an application by way of motion on notice dated 26th August, 2019. It was filed pursuant to Articles 159 and 259 (1) of the Constitution, Sections 3 (2), 3A and 3B of the Appellate Jurisdiction Act and Rules 1 (2)(4), 42, 43 (1) and 77 of the Court of Appeal Rules. The applicant seeks first, extension of time within which to lodge and serve a Notice, Memorandum and record of Appeal on the respondents. Secondly, that should the application be allowed then the notice, memorandum and the record thereof filed be deemed as duly filed and served upon the respondents within time.

The grounds in support of the application are that; the applicant was aggrieved by the ruling of the trial court dated 20th September, 2018; there was delay in delivering of judgment by the court in Kisumu ELRC Petition No. 23; there was also delay by 1st respondent in delivering a decision on his request for review its decision to dismiss from service in TSC/DISC/NO.0929/09/2015; being ageā€¦

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