RULING
1. The Attorney General (3rd applicant) has filed the instant application seeking leave to serve a Notice of Appeal that was filed out of time on the 24th June, 2009. Although there are other prayers sought in the same application, such as leave to adduce additional evidence and to file a supplementary record, those do not fall for my determination. The only one I am mandated to deal with under Rule 4 of the Court of Appeal Rules as a single Judge is the prayer seeking leave to file the Notice of Appeal out of time or to deem it duly filed.
2. The application is supported by the grounds stated on the body thereto, to wit;- that the office of the Attorney General that represented the Commissioner of police, the 1st applicant filed a Notice of Appeal dated 7th July, 2009 but erroneously indicated the judgment being appealed therein was by Dulu J., instead of Nyamu J., (as he then was). The name of Dulu J., was a typo which was not an intentional mistake but inadvertent. Blame was a…