R U L I N G
I have before me an application by way of Notice of Motion dated 13th November, 2006 brought under Rule 4 of the Court of Appeal Rules, by three applicants namely, Joseph Maina Njoroge, Moses Irungu Isaak and Stephen Mwangi Njoroge. It is seeking that the applicants be granted leave to file their appeal out of time on the grounds that:-
“1. The applicants were in dire financial strains for over two years and were thus unable to raise fees for filing their appeal on time.
2. The applicants have an arguable appeal.”
There is an affidavit in support of the application which does not show the date on which it was sworn but it was sworn by Stephen Mwangi Njoroge, the third applicant. The only reason given for the failure to file record of appeal within the time required by this Court’s Rules is at paragraphs 3, 4, 5 and 6 of the same affidavit. Those paragraphs state:-
“3. That even as at the time the said Summons came up for hearing before the superior court we were yet to raise en…