TOTAL KENYA LIMITED V. REUBEN MULWA KIOKO

RULING OF THE COURT

1. Reuben Mulwa Kioko (the respondent) is seeking for the Notice of Appeal and Record of Appeal filed by Total Kenya Limited (the appellant) on 7^th April, 2017 and 7^th June, 2017 respectively to be struck out under Rule 84 of the Court of Appeal Rules (the Rules). For the reasons that firstly, the appellant had failed to take essential steps, that is, it had not served him with the Notice of Appeal. In addition, despite lodging the Record of Appeal on 7^th June, 2017 the appellant served the same on 15^th November, 2017, outside the stipulated time frame without leave of the Court. Secondly, the certified order of the High court’s (Chitembwe, J.) ruling dated 27^th March, 2017 subject matter of the appeal had not been included in the Record.

2. In response, Mr. Kamami Njoroge, the appellant’s advocate, deposed that following the delivery of the impugned ruling the Notice and Record of Appeal were filed on behalf of his client in good time. Thereafter, he instructed his …