RULING
[1] UPON perusing the Notice of Motion Application by the 1st Respondent dated 9th September, 2021 and filed on 22nd September, 2021 seeking orders to strike out the Petition of Appeal by the Petitioner, for being in violation of the provisions of Article 163(4) of the Constitution and Rule 33 of the Supreme Court Rules 2020 and/or in the alternative, the Court to order the Petitioner to provide costs of Kshs. 50 Million in priority and as a precondition to the prosecution of the instant petition; the application being predicated under the provisions of Article 163(4)(8) and (9) of the Constitution and Sections 3, 12, 15(1) and (2), 21(1) and (2), 24, 30(2), 31, 32 and 36(1) of the Supreme Court of Kenya Act, 2011 and Rules 2, 3(1), (5), 6(1) and (b), 31(1), (3), (6) and (7), 33(1) and (2), 36(1), 37(1) and (2), 38(1)(a), (2)(a) and 46(1) of the Supreme Court Rules 2020 and;
[2] UPON reading the 1st Respondent’s grounds in support of the application, the supporting affidavit swor…