RULING
1.The applicant’s Notice of Motion dated 14th February 2019 and brought under rule 4 of this Court’s Rules, seeks to have the record of appeal lodged against the judgment of the Employment and Labour Relations Court, at Nyeri cause No. 189 of 2016, to be deemed as filed and served in time.
2.The application is supported by an affidavit sworn by Samora Owino of the firm of Kimani & Michuki Advocates, who are on record for the appellant. The deponent states, inter alia, that the judgment sought to be appealed against was delivered on 19th May 2017; that the notice of appeal was filed on 26th May, 2017; that the appellant’s advocates requested for typed proceedings on 29th August, 2017; that the proceedings were collected on 9th April, 2018 but the advocate who was dealing with the matter left the law firm before he filed the memorandum of appeal; that the respondent served the applicant’s advocates with an application dated 24th October, 2018 seeking to strike out the notice of app…