RULING OF THE COURT
Before us is an application dated 5th August 2019 brought by Kisoi Kitonyi, (the applicant) who is the 1st respondent in this appeal. In the main, he prays that the appellant’s record of appeal dated 4th April 2019 filed on 5th April 2019 in Civil Appeal No. 135 of 2019 be struck out. The application is premised on rule 80 of the Court of Appeal Rules,2010. The appellant’s appeal is against judgment of the ELC (Angote, J.) delivered on 25th January 1 2019 in Machakos ELC Judicial Review Application No. 86 of 2017.
The grounds in support of the application are that the record of appeal is incurably defective. In support of this assertion, the applicant states that: (a) the notice of appeal was lodged by the appellant in person contrary to Order 9 rule 9 of the Civil Procedure Rules 2010. (b) the Counsel who lodged the record of appeal had no capacity to do so because he failed to place himself on record as required by Order 9 rule 9 of the Civil Procedure Rules, 2010…