REPUBLIC V. ATTORNEY GENERAL & KENYA AIRWAYS LTD

R U L I N G

This Notice of Motion, brought under Rules 16, 42 and 44 of the Court of Appeal Rules is seeking two main orders and an order that the costs of and incidental to it abide the result of the appeal. The two orders it is seeking are:

“1. That this Honourable Court be pleased to grant the applicant leave to amend the Memorandum of Appeal dated 16th day of January, 2002 by inserting in the title of the document itself the name ‘THE INDUSTRIAL COURT” as the respondent in place of ‘THE ATTORNEY GENERAL” and name “KENYA AIRWAYS LIMITED” as a “Respondent” in place of “INTERESTED PARTY” and add one other ground of appeal.

2. FURTHER that leave be granted to the applicant to file a supplementary record of appeal containing the affidavit of Lewis Gacuca Kamau”.

The application is brought on grounds that the Memorandum of Appeal describes the Attorney General as the respondent in place of the Industrial Court and that the affidavit of Lewis Gacuca Kamau was left out of the record of appeal…