REPUBLIC V. DISTRICT COMMISSIONER, SIAYA & JOHN AGORO MURUTO

RULING OF THE COURT

The Notice of Motion dated 26th March, 2014 and filed on 31st March, 2014 seeks two orders which are that:-

“1. The Ruling and Order of this Court made and delivered at Kisumu on the 20th of January 2014 by the Honourable Justices P. Waki, D. Maraga and S. ole Kantai be reviewed and set aside.

2. The applicant's Notice of Motion application dated the 15th of November 2011 be restored and set for hearing.”

The main ground in support of the application is that, the learned counsel handling the matter for the applicant who is the appellant, Nicholas Oluoch Lwanda in Civil Appeal No. 217 of 2008 was not aware that the matter dismissed on 20th January, 2014, which dismissal he seeks to set aside had been set down for hearing on 20th January, 2014, and only came to know that on 10th March, 2014, on routine check up of his files at the chambers, after perusing the court file out of curiosity, and that the application needed to be heard interpartes as it was also an applicati…