RULING
Before me is a motion brought on notice under Rule 4, 59(1), 41, 42 and 43(i)of the Court of Appeal Rules and Article 159(2) (d) of the Constitution of Kenya
Seeking that the applicant be granted leave to file and serve the notice of appeal dated 11th September 2020 out of time and that the said notice be deemed to be duly filed and served. The application is premised on the grounds inter alia; that the judgment was delivered at Eldoret on 17th October 2019 by S.M. Kibunja J. in the absence of the Applicant’s Advocates. The Applicant’s Advocates were not notified and or served with a notice of the delivery of judgment despite severally making inquiries about it. That his advocate became aware of the delivery of the judgment on 4th September 2020 when he received a letter from the Chief Registrar of the Judiciary to that effect after seeking her intervention regarding the delayed judgment. That although there was a copy of judgment notice forwarded by the Chief Registrar to the pa…