R U L I N G
The motion dated 5th May, 2011 was filed by Philip Muchiri Mugo (Muchiri) who appears in person and he cited rule 89 of the Court of Appeal Rules as the basis for it. That Rule, however, has now been renumbered as 92 in the new Court of Appeal Rules 2010 which became operative in December, 2010. The rule relates to the “Preparation and service of supplementary record of appeal by a respondent or an appellant ”. The supplementary record intended to be filed is stated to be:
“.................proceedings and the grant of the Letters of Administration ad Litem issued on the 28th day of October, 2009 in Nairobi High Court P and A Cause No. 639 of 2009 to Philip Mugo Muchiri”.
The background to the application as far as I can gather from the material before me is as follows:
On 22nd August, 1990, HCCC No. 111/1990 was commenced by plaint in the High Court in Nyeri by Mugo Kithakwa against the respondent herein who was his step brother. Mugo Kithakwa was the father of Muchiri and c…