RULING
Josephine Mueni Mbatha (the applicant herein) has vide a motion dated 24th May 2021 and brought pursuant to Rule 4 of the Court of Appeal Rules and all other enabling provisions of the law sought the following orders;
“THAT an order be and is hereby issued allowing the appellant to file an appeal out of time.
THAT an order be and is hereby issued validating the Memorandum and Record of Appeal dated 7th July 2021 as fit for hearing in appeal.
THAT costs be in the cause.”
The motion is supported on the grounds on the face of the motion and an affidavit sworn by the applicant who deposed that she was aggrieved by the judgment of Nyakundi, J delivered on 11th December 2019 , whereupon she subsequently filed a Notice of Appeal on 19th December 2019 and requested for typed proceedings on time but they delayed for the reason that there was no enough staff to handle most of the work due to the Covid-19 situation and that further she had tried filling the appeal through the e-filing portal b…