RULING OF THE COURT
[1]. The Respondent filed an application dated 8th November 2019 on 13th November 2019, seeking for the orders of striking out the appeal here in with costs. The application is brought under Articles 163 (4) (a) of the Constitution Section 15(2) of the Supreme Court Act, 2011, Rule 33 of the Supreme Court Rules, 2012. It is supported by the affidavit of Salome Mwangi.
[2]. Its pleaded that the Petitioner does not have an automatic right of appeal before this Honourable Court; issues in the appeal do not involve interpretation or application of the Constitution; the subject matter of the suit revolved around employer and employee relationship, governed by the Employment Act (the Act) and that the mere allegation of a Constitutional violation does not of itself clothe the appeal with the attributes of Constitutional interpretation or violation under Article 163(4) (a) of the Constitution. It is urged the application be allowed with costs.
[3]. In response, the Petitione…