RULING OF THE COURT
1. This is an application (by Notice of Motion dated 21st November 2012) under Section 3A and 3B of the Appellate Jurisdiction Act and Rule 102 (1) of the Court of Appeal Rules 2010, for an order that this court be pleased to set aside its orders made on 19th November 2012 dismissing the appeal and order that the appeal be re-instated for hearing. The motion to re-instate the appeal is supported by two affidavit's sworn by Messrs Peter Gichuki King'ara advocate and Lucas Maingi on behalf of the Appellant which affidavits explain why the appellant and his advocate did not attend the hearing scheduled for 19th November 2012.
2. The grounds in support of the application for reinstatement of appeal are summarized as:-
Failure to attend court on 19th November 2012 was by reason that the appellant's advocate's clerk forgot to diarize the hearing date. This was an inadvertent mistake which is highly regretted and the appellant is seeking the exercise of the discretion of thi…