SETH PANYAKO V. KENYATTA NATIONAL HOSPITAL BOARD

RULING OF THE COURT

1. This is an application under rules 42, 84 and 90(1) of this Court’s rules seeking orders to strike out the record of appeal dated 1^st December 2014 and filed in this court’s registry on 15^th December 2014. The application is brought by the respondent to the main appeal, KENYATTA NATIONAL HOSPITAL BOARD, hereafter referred to as the applicant. The application is premised on the ground that the record was filed on 15^th December 2014 and served on the applicant/Respondent’s counsel on the 25^th February 2015, out of time. The application is also supported by the affidavit of SUSAN WANGUI NDIRANGU the applicant’s advocate. The application is opposed by way of replying affidavit sworn by the respondent SETH PANYAKO.

2. Both parties filed their written submissions and list of authorities. The application was also argued before us by counsel. Susan Ndirangu appeared and argued for the applicant while Jaoko Alexander appeared and responded to the application on behalf of t…