RULING OF THE COURT
This matter before us concerns an application to strike out the respondent’s Notice of Appeal dated 8th November 2017, and along with it, the stay of execution orders of this Court (Githinji, Okwengu and J. Mohammed, JJA) issued on 23rd February 2018 be vacated.
The application was premised under rules 42 (1), 75, 82 (1) and (2), 83 and 84 of the Court of Appeal rules and was brought on grounds that the respondent’s Notice of Appeal was lodged on 8th November 2017, but no action in pursuance of the appeal was taken; that on 23rd March 2018 the respondent obtained a stay of execution of the orders from this Court, and armed with this order, the respondent proceeded to terminate the applicant’s services; that despite this, it did not request to be supplied with certified copies of the proceedings, and since then has not shown any desire to pursue its appeal, as no leave to file its appeal out of time was sought; that in the circumstances it would be fair and just to st…