RULING OF THE COURT
[1] UPON PERUSING the Notice of Motion application dated 17th May, 2024 and filed on 20th May, 2024 by the 1st respondent pursuant to Article 163 of the Constitution, Sections 15, 15A and 15B of the Supreme Court Act, Rule 31, 33(1), 33(2), 38(1), 40(1), 65(1) and 65(2) of the Supreme Court Rules, 2020 seeking, inter alia, an order to strike out the Petition and Record of Appeal dated 11th April, 2024;
[2] UPON READING the grounds on the face of the application, the supporting affidavit sworn on 17th May 2024, and the further affidavit sworn on 7th June, 2024 both by Albert Anjichi, the applicant’s Acting Company Secretary/Head of Legal Department, where he contends that: the petition of appeal is fatally defective as leave to appeal to the Supreme Court was neither sought nor granted pursuant to Article 163(4)(b) as read together with Article 163(5) of the Constitution; the appeal does not lie as a matter of right as it does not involve any interpretation or appli…