1. I have considered the Applicant’s Notice of Motion dated 8.5.2024 and the supporting affidavit of Emilly Adhiambo Nyangano sworn on even date and I do note that whereas this application has not been opposed, the appeal herein was dismissed by this court for want of attendance and/or prosecution by Counsel for the Appellant. Given the reasons advanced I will in the interest of justice reinstated the same and condemn the Applicant to pay additional court fees of Kshs.4,000 for having wasted judicial time on 8.5.2024 when this appeal was dismissed.
2. Mention on 24.7.2024 to confirm status of RRI.
3. The above orders to apply mutatis mutandis to HCCA No. 87 of 2022 and No. 88 of 2022.
4. Notice to issue to Respondent.
Dated, signed and delivered this 6th day of June, 2024.