R U L I N G
The notice of motion dated 21st March, 2016 is said to be brought under various provisions of law and asks in the main that I extend time within which the applicant is required to lodge the Memorandum and Record of Appeal. It is supported by grounds which are set out on the face of the motion and an affidavit of the applicant, Joseph Muiruri Minja.
In sum the applicant says that the Employment and Labour Relations Court at Nairobi delivered a ruling on 19th June, 2015; that he is in possession of a Certificate of Delay denoting that proceedings in that court were applied for timeously and it was not his fault that a record of appeal was not filed on time; that there was a preliminary objection filed at the trial court; that in the ruling sought to be appealed, the trial court upheld a preliminary objection and struck out the suit; that when proceedings of the lower court were ready, they were posted to the applicant’s advocate’s address and received on a date which is not st…