RULING
1.By a Notice of Motion dated 7th July 2021 the applicant, West Kenya Sugar Company Limited has invoked this Court’s jurisdiction under Rule 4 and 5(2)(b) of the Court of Appeal Rules, 2010 seeking leave to file and serve a Notice of Appeal out of time and a stay of execution against the Judgment in the ELRC pending the hearing and determination of its intended appeal.
2.The grounds in support of the motion as stated in the face thereof and reiterated in the affidavit of Duncan Abwayo is that the ELRC judgment was delivered on 17th March 2021 and the applicant immediately instructed its former advocates, Federation of Kenya employers to file a Notice of Appeal, that thereafter the applicant instructed the firm O&M Law LLP to take over the matter on 20th May 2021 and it took considerable time to file a change of Advocates consent between its former and current advocates due to the Covid 19 pandemic, that when the consent was being filed on 28th June 2021, the applicant’s advocates…