JAMES MWANGI NG'ANG'A vs KENYATTA UNIVERSITY COUNCIL,DR. ONESMUS K. OLE MOIYOI,CHAIRMAN,KENYATTA UNIVERSITY COUNCIL,VICE CHANCELLOR KENYATTA UNIVERSITY,PROF. GEORGE S. ESHIWANI & LAWRENCE M. MUNGAI [2000] KECA 325 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: KWACH, SHAH & BOSIRE, JJ.A.

CIVIL APPLICATION NO. NAI. 317 OF 2000 (UR.156/2000)

BETWEEN

JAMES MWANGI NG'ANG'A ...................................APPLICANT AND

KENYATTA UNIVERSITY COUNCIL ........................ 1ST RESPONDENTDR. ONESMUS K. OLE MOIYOICHAIRMAN, KENYATTA UNIVERSITY COUNCIL .............. 2ND RESPONDENT

VICE CHANCELLOR

KENYATTA UNIVERSITY ................................ 3RD RESPONDENT

PROF. GEORGE S. ESHIWANI ........................... 4TH RESPONDENTLAWRENCE M. MUNGAI ................................. 5TH RESPONDENTRULING OF THE COURT

Mr Kowade, for the applicant, has applied for leave to withdraw this application on the ground that it has been overtaken by events. The applicant's appointment has been terminated and his place taken by someone else. While the Court has a discretion whether or not to grant leave to the applicant to withdraw his application, in the particular circumstances of this case the proper course to take is to dismiss the application since it is part-heard. It is so ordered.

We make no order as to costs.

Dated and delivered at Nairobi this 15th day of February, 2000. R. O. KWACH ------------------- JUDGE OF APPEAL A. B. SHAH ------------------- JUDGE OF APPEAL S.E.O. BOSIRE ------------------- JUDGE OF APPEAL

I certify that this is a true copy of the original. DEPUTY REGISTRAR