The application dated 07.03.2023 is amended to include a prayer for leave to appeal out of time as the same have been invoked by citing the appropriate and applicable provisions of the law. As the Applicant is directly affected by the proceedings and judgment, it is entitled to appeal and the issues of its interest canvassed at hearing. Since the Applicant has complied with the orders of 03.06.2023 granting stay, the Respondent’s position is secured. I therefore grant leave to appeal out of time and order that the Appeal shall be filed and served within 14 days. The Respondent shall pay Kshs. 15,000.00 costs within 14 days.
DATED and DELIVERED at NAIROBI this 12th day of OCTOBER 2023
D. S. MAJANJA
JUDGE