RULING
The applicant Joseph Muriithi Njiru seeks from me under Rule 4 of the Court’s Rules,
“............ leave to file a Notice of Appeal and Record of Appeal out of time from the Ruling of the Commissioner of Assize Hon. C.A. OMWITSA dated 15th February, 2001.”
I first heard the motion on 26th October, 2004 when I ordered it adjourned so that the applicant could obtain proceedings and certain other documents which were clearly necessary for the just determination of the motion. Consequent upon my order of 26th October, 2004, Mr. Kariithi, learned counsel for the applicant, has now filed a further affidavit to which he has annexed a certificate of delay, the proceedings and their letter to the Deputy Registrar at Embu requesting for the proceedings. The decision against which the applicant seeks to appeal, as is clear from the part of the motion I have quoted, was made on 15th February, 2001. The applicant’s letter to the Deputy Registrar requesting for proceedings was dated 27th Fe…