RULING
By the motion dated 17th December, 2018, the applicants Chepkoore Koskei and Levi Lubandale seek an order that leave be granted for them to file appeal out of time against a ruling of the Environment and Land Court (Matheka, J.) made on 22nd November, 2017 by which their application to reinstate an earlier dismissed application was disallowed. The motion is premised on curios grounds appearing in its face including;
- The dismissal of the application was for non-attendance and not on merit thereby visiting counsel’s mistake on the clients.
- The order against the applicants was extremely prejudicial to them. The intended appeal may be rendered nugatory.
- The intended appeal is plausible with good chances.
- The applicant is brought without unreasonable delay.
Those grounds are curious because on an application for extension of time the matters for a single judge’s consideration are quite different from those for stay of execution which they seem to be speaking to.
The motion is supported by …