REPUBLIC V. DISTRICT COMMISSIONER, SIAYA & JOHN ANGORO MURUTO EX-PARTE NICHOLAS OLUOCH LUANDA

RULING OF THE COURT

The application before this Court is by way of Notice of Motion dated 6th March, 2012. The application is brought under Section 3, 3A and 3B of the Appellate Jurisdiction Act and rule 42 of the Rules of this Court. The prayer in the Motion is for review and setting aside the ruling and orders of this Court delivered on 25th November, 2009 by the Honourable Justices of Appeal S.E.O. Bosire, E.M. Githinji and J.W. Onyango Otieno.

On 25th November 2009, this Court made the following orders:

“ This appeal was set down for hearing before us this morning. However, the interested party John Agoro Muruto who is the effective appellant is reported to have died way back in 2003. The hearing of the appeal has been adjourned twice in the past that is on 15th June 2005 and on 18th June 2009, to enable substitution to be made but until now no substitution has been done. Under Rule 96(1) of the Court's Rules, such substitution should have been made within one year after his demise. …