CHAIRMAN BOARD OF GOVERNORS NG'IYA GIRLS HIGH SCHOOL
V.
MESHACK OCHIENG' T/A MECKO ENTERPRISES & 4 OTHERS

RULING OF THE COURT

Rule 84 of the Rules of the Court of Appeal (“the Rules”) states as follows:

“A person affected by an appeal may at any time, either before or after the institution of the appeal, apply to the Court to strike out the notice or the appeal, as the case may be, on the ground that no appeal lies or that some essential step in the proceedings has not been taken or has not been taken within the prescribed time.

Provided that an application to strike out a notice of appeal or an appeal shall not be brought after the expiry of thirty days from the date of service of the notice of appeal or record of appeal as the case may be.”

The 30-day time period, stipulated in the proviso to the above rule, is framed in mandatory terms. That proviso was brought in through Legal Notice No. 152 of 2002, and became effective on 4^th July, 2002 (see Charles Murithi Muthuri v. Esther Karambu (Nyeri C. A. No. 341 of 2002).

If, therefore, the application to strike out a notice of appeal or the reco…