I do not see any prejudice if the Appellant is allowed to file a supplementary record containing documents that were before the Subordinate Court. In any case, the original file is already before the court as part of the appellate process.
The 2nd Respondent’s application dated 22.03.2023 to file supplementary record is allowed. The Supplementary Record to be filed and served with 7 days. Costs of the application in the appeal.
Directions on the appeal on 28.11.2023.
DATED and DELIVERED at NAIROBI this 6th day of NOVEMBER 2023
D. S. MAJANJA
JUDGE