REPUBLIC, COMMISSIONER OF POLICE, COMMISSIONER OF LANDS & ATTORNEY GENERAL V. JOSEPH MBURU GITAU & 635 OTHERS

RULING OF THE COURT

[1] This is an application, principally brought under Rule 56 of the Court of Appeal Rules which deals with procedures for non attendance in Court for hearing of applications. The Attorney General, representing the Commissioner of Police and the Commissioner of Lands, the applicants herein did not attend Court during the hearing of the motion dated 8^th June 2011 when it came up for hearing on the 20^th July, 2015. As a consequence of their counsel’s failure to attend court, the said motion was allowed with the result that the Notice of Appeal by the applicants was struck out.

[2] The applicants now seek to set aside the ex-parte orders made by this Court on 20^th July, 2015, and reinstate the motion dated 8^th June, 2011. In the said motion, Joseph Mburu Gitau and 673 other persons applied to strike out the Notice of Appeal dated 24^th June ,2008, on the grounds that the said Notice of Appeal had never been served upon them as the respondents. The said motion came up for…