RULING OF THE COURT
I. INTRODUCTION
[1] COMING UP BEFORE THE COURT is the applicant’s Notice of Motion dated 2 October 2018, attended with the applicant’s supporting affidavit of even date.
[2] THE APPLICANT seeks Orders as follows:
(a) the Court do authorize enlargement of time, enabling the applicant to file an appeal from a Court of Appeal decision delivered on 11 July 2018;
(b) to that intent, the applicant’s notice of appeal lodged at the Nyeri station of the Court of Appeal on 25 September 2018, be deemed as being properly on record;
(c) the applicant be allowed to file a petition of appeal, the same to be duly heard and determined;
(d) the costs of this application be incorporated in the main cause.
II BACKGROUND TO THE APPLICATION
[3] THE SENATE SEAT for the County of Kirinyaga, in the General Elections of 8 August 2017, had drawn four candidates. The 3rd respondent herein, who had borne responsibility as the Returning Officer, declared the 2nd respondent, who mustered a total of 147,9…