RULING OF THE COURT
Before us is a motion brought under rule 80 of the Court of Appeal Rules for an order striking out the record of appeal on, amongst other grounds, that the record of appeal does not include some of the exhibits produced before the trial court. The applicant is KENYA COMMERCIAL FINANCE COMPANY LIMITED, the respondent in the appeal. The respondent in the application who is the appellant in the appeal is RICHARD AKWESERA ONDITI. As the appellant concedes that some of the documentary exhibits which were produced before the trial court are not part of the record of appeal, and those documents may not be brought in by way of a supplementary record of appeal, in view of the provisions of rule 85(2A) of this Court’s Rules, it follows that this record of appeal is incurably defective. In the circumstances the motion dated 18th August, 2008 and filed on the same date is allowed with the result that this appeal is struck out as being incompetent. We however make no order as to…