TRANS-NZOIA INVESTMENT COMPANY LIMITED
V.
JOSEPH WANAMBIS & 4 OTHERS

RULING OF THE COURT

We think there is no merit in the motion before us filed by Trans-Nzoia Investment Company, the applicant hereinafter, asking us to strike out the notice of appeal and the record of appeal filed by Joseph Wanambisi and four other named persons, hereinafter the respondents. On 11^th November, 2009, Ombija, J found the five respondents guilty of contempt of court and convicted them. On 16^th December, 2009, the learned Judge ordered that each respondent was to pay a fine of Kshs.5000/- or in default be imprisoned for a term of six months. The respondents filed a notice of appeal against both orders on 17^th December 2009, one day after the last order made on 16^th December, 2009. Mr. Kiarie, learned counsel for the applicant, told us that two notices of appeal ought to have been filed, one against the order of 11^th November, 2009 which should have been filed by 25^th November, 2009 and a second notice against the order of 16^th December, 2009.

The order of 11^th November, 200…