JUDGMENT OF D. K. MUSINGA, JA.
1. The background to this appeal has been well captured by Gatembu and Murgor, JJ.A, as I had the privilege of perusing the learned judges’ draft opinions. I shall therefore avoid repetition of the facts. While I agree with the conclusion arrived at by Murgor, J.A, I have some additional remarks that I wish to make.
2. The gravamen of the appeal as stated in ground 1 of the memorandum of appeal and as submitted before this Court by Mr. Ashitiva, learned counsel for the appellant, is that the learned trial judge erred in law and fact “by failing to find that payment of the decretal sum in the Superior Court in Nairobi Industrial Court Cause No. 1540 of 2011, by the appellant herein could be made only after the Transition Authority had carried out an audit of the assets and liabilities of the appellant and provided for a mechanism aimed at securing those assets and liabilities in line with the provisions of section 7 (3) of the Transition to Devolved Governm…