RULING OF CHESONIO AG J A
The applicant’s appeal was dismissed by the High Court (O’Kubasu J) on 3rd August 1984. His wife consulted him in September, when he requested her to instruct a lawyer to prefer a second appeal to this court. In her affidavit in support this application for extension of time to file the Notice of Appeal, Susan Wangari Kipng’etich (his wife says that she instructed Mr Kositany advocate, in September 1984. However, she later discovered that Mr Kositany had taken no action to file and prosecute the appeal and on 9th November, 1984 she instructed Odero and Orieyo, Advocates, who filed this application on 9th November, 1984.
Mr Odero has submitted that the applicant should not be made to suffer for the omission of his former advocate. Miss Mbarire for the Respondent chose to leave the matter to my discretion.
I am satisfied that the applicant took necessary steps to prosecute his appeal but he was let down by his former advocate. The delay is not inordinate and the m…