RULING
BACKGROUND
1. This is an application by way of Notice of Motion dated 6th March, 2019 brought under Rule 4 of the Court of Appeal Rules (the Court Rules) in which the Commissioner of Police (the 1st applicant) and the Honourable Attorney General (the 2nd applicant) seek orders:
a) THAT this honourable court be pleased to grant leave to the applicants to file and serve the Notice of Appeal and the Record of Appeal out of time from the judgment of the High Court of Kenya at Nairobi (Hon. L.Njuguna, J.) dated 2nd February, 2017 in Nairobi HCCC No 934 of 2004.
b) That the costs of the application be provided for.
2. The application is based on the grounds in the body of the application, the supporting affidavit sworn by Mr. Kepha Onyiso, a State Counsel in the Office of the 2nd applicant, who has the conduct of the matter on behalf of the applicants. The respondent is Emmanuel Kuria Wa Gathoni.
3. The application is anchored on grounds that the applicants intend to file an appeal against…