RULING
Barclays Bank of Kenya Limited (the Respondent) is seeking to have the Notice of Appeal filed by Banking, Insurance and Finance Union (Kenya) (the Appellant) dated 26th July, 2019 and filed on 30th July, 2019 to be struck out. The application was brought under Rules 80 and 87 of the court of appeal rules. The grounds of the application are that since the date of filing the Notice of Appeal and the request for certified copies of the proceedings, the Appellant has failed to file the record of appeal, and if it has, it has not served the Respondent with the same. In addition, it is contended that it has taken a period of over one and a half (11/2) years since the Notice of Appeal was filed but the Appellant has not filed and served its record of appeal. That the successful litigant in the lower court has been denied the fruits of its success since 1st March 2013, that the delay is inordinate and the notice is ripe for striking out. The application was supported by the affidavit of…