REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: GICHERU, TUNOI & LAKHA, JJ.A.)
CIVIL APPEAL NO. 167 OF 1998
BETWEEN

THE ATTORNEY GENERAL OF KENYA ..........................APPELLANT
AND
ST. LEONARDS HOSPITAL LTD. .................................RESPONDENT

(Appeal from the Ruling of the High Court of Kenya at Kisumu (Hon. Mr. Justice Wambiliangah) dated the 21st day of May, 1998 in a Notice of Motion dated 16th February, 1998 in

H.C.C.MISC. APPLICATION NO. 3 OF 1998)
**************
ORDER OF THE COURT

By consent of both the appellant and the respondent:-

1.This appeal is hereby marked as settled under the following terms:

(i)The order made by Wambilyangah J on 21st May, 1998 in Misc. C.A. No. 3 of 1998

be and is hereby quashed and set aside with no order as to costs. (ii)The respondent herein, St. Leonards Hospital Ltd. be considered for re-accreditation to NHIF without any conditions and/or terms.

2. Each party to bear its own costs of this appeal.

Dated and delivered at Kisumu this 24th day of November, 1999.

J.E. GICHERU
................

JUDGE OF APPEAL

P.K. TUNOI
.................

JUDGE OF APPEAL

A.A. LAKHA
.................

JUDGE OF APPEAL

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

DEPUTY REGISTRAR