RULING OF THE COURT
This is an application under Rule 4 of the Court of Appeal Rules from the judgment of the Industrial Court at Nairobi (Rika, J.) dated and delivered on 3rd August, 2012. The application is supported by an affidavit sworn by Particia Khisa, learned counsel for the applicant.
The award was delivered on 3rd August, 2012. The counsel for the respondent alleges she received instructions to appeal against the judgment and award on 21st August, 2012 after the lapse of the statutory 14 days period provided under section 75 (2) of the Court of Appeal Rules, 2010. She further alleged that after receipt of the instructions, she wrote to the Registrar of the Industrial Court on 21st August, 2012 to be furnished with certified copies of the proceedings, resulting in further delay in filing this application.
Relying on her supporting affidavit dated 13th September, 2012 Ms. Khisa, learned counsel for the applicant, submitted that she received instructions to file the appeal on 21st…