GAZETTE NOTICE NO. 771

(CORAM: KARANJA, MWILU AND AZANGALALA, JJ.A) CIVIL CASE NO. 54 OF 2015 BETWEEN CHAIRMAN, BOARD OF GOVERNORS, NG'IYA GIRLS HIGH SCHOOL (Appellant) AND MESHACK OCHIENG', T/A MECKO ENTERPRISES & 4 OTHERS — (Respondents) (Being an appeal from the Ruling of the High Court of Kenya at Nairobi (Hon. Lady Justice J. Kamau) dated 19th December, 2014) (In Misc. Application No. 445 of 2013) ORDER OF THE COURT By consent of the parties herein confirmed and enforced by their filed consent herein on 17th June, 2016 marking the appeal as fully settled out of court and which we adopt as a court order at the request of all parties now present in court, appeal No. 54 of 2015 is marked as withdrawn under rule 96 (5) of our rules. Made at Nairobi this 20th day of June, 2016. W. KARANJA, JUDGE OF APPEAL. P. M. MWILU, JUDGE OF APPEAL. F. AZANGALALA, JUDGE OF APPEAL. "By Consent: 1. The Award made and published on the 30th September 2013 and adopted as a judgement and decree of the High Court in Nairobi High Court Miscellaneous Civil Application No. 445 of 2013 on 19th March, 2014 as well as the consent recorded in the said suit on 18th March, 2014 shall not be construed as requiring the Appellant herein being the 2nd Respondent in the suit to make any payment directly to the 1st Respondent in respect of the works that were the subject matter of the award, the Appellant having fully discharged its obligations to the 1st Respondent. 2. The 1st Respondent as Applicant in the said suit hereby gives an irrevocable undertaking not to execute or enforce as against the Appellant in any manner whatsoever the decree given by the High Court in the said suit on the 19th March, 2014 or any other date or to initiate proceedings of any kind to recover the decretal sum from the Appellant. 3. The 1st Respondent be at liberty to pursue the settlement of the Award and the decree against and from the 2nd, 3rd, 4th and 5th Respondents. 4. This consent be filed in the Superior Court and upon the such filing, the entire dispute between the Appellant and the 1st Respondent in respect of the matters the subject of arbitration giving rise to the Award made and published on 30th September, 2013 and the subsequent decree given by the Superior Court in the said suit on 19th March, 2014, be marked as fully settled. 5. This appeal be marked as settled and each part shall bear its own costs of both this appeal and of the suit in the Superior Court. Signed by: MESHACK OCHIENG' T/A MECKO ENTERPRISES, The 1st Respondent. OTIENO RAGOT & COMPANY, Advocate for the Appellant. EMMANUEL MARIE, State Counsel for the Attorney-General Advocate for the 2nd, 3rd, 4th and 5th Respondents.