1) This Appeal has been pending before this Court since 12-5-2025 when the memorandum of appeal dated 9-5-2025 was filed. Since then, the record of appeal has not been filed. The matter has come up for mention on several occasions such as 1-12-2025, 23-2-2026, 30-4-2026 and today. On all the above mentioned dates, the Court has indulged the Appellants’ counsel giving him a chance to file and serve the record of appeal. A last adjournment was given on 30-4-2026, almost a month ago. The record of appeal is not yet filed and served. We are now being told that the Appellant’s counsel has lost touch with his clients and wishes to file an application to cease acting. He should have filed such an application much earlier.
Having indulged the Appellants’ for such a long time and it being obvious that they are unwilling to prosecute their appeal, I dismiss the Appeal under Order 42 rule 35 of the Civil Procedure Rules with costs to the Respondents and the interested party.
It is so ordered.
Dated, Signed and Delivered virtually at Murang’a this 28th day of May, 2026.
M.N. GICHERU JUDGE.
Delivered online in the presence of; -
Court Assistant – Antony
Mr. T.M. Njoroge – Absent
Mr Simon Wachira for the Respondents and Interested Party
Having indulged the Appellants’ for such a long time and it being obvious that they are unwilling to prosecute their appeal, I dismiss the Appeal under Order 42 rule 35 of the Civil Procedure Rules with costs to the Respondents and the interested party.
It is so ordered.
Dated, Signed and Delivered virtually at Murang’a this 28th day of May, 2026.
M.N. GICHERU JUDGE.
Delivered online in the presence of; -
Court Assistant – Antony
Mr. T.M. Njoroge – Absent
Mr Simon Wachira for the Respondents and Interested Party