R U L I N G
I am asked in the Notice of Motion said to be brought under Section 3 of the Appellate Jurisdiction Act, Sections 79 G and 95 of the Civil Procedure Act and Order XLIX Rule 5 Civil Procedure Rules made thereunder (the provisions of the Civil Procedure Act cited and the rules have no application to applications to this Court. That said, I choose to ignore that issue but would ask learned counsel to look at the law while drafting applications) to grant leave to the applicant, Christopher Maina Kimaru, to appeal the ruling of J. Mativo, J., delivered on 24th November, 2016 out of time. I am also asked to give an order directing the applicant to file a record of appeal within a stipulated period of time.
The background to the matter as I glean from the record is that a ruling was delivered on the said date; the applicant filed a notice of appeal on 7th December, 2016 and requested for proceedings on 13th March, 2017; typed proceedings were not received on time prompting a compla…