RULING OF THE COURT
The respondent in this appeal, Joel Muthui Kyambu, applies that the appeal be struck out on the grounds, inter alia, that the appellant in compiling the record of appeal did not comply with the provisions of rule 85(1)(h) of the Court of Appeal Rules, that the record of appeal does not include a certified copy of the decree appealed against, that the notice of appeal was served on him outside the period prescribed in the rules and that the record of appeal is incomplete, has errors and omissions which as a result render the record of appeal fatally defective. The application has also a prayer for an order setting aside an order of stay of execution pending appeal which is still in force in this matter.
This is the second application by the respondent in which he seeks a striking out order. In the earlier application the respondent contended that the notice of appeal was filed out of time without leave. In addition, as in the instant application, he included a prayer …