Ruling
The applicant, Sammy Mugambi Kirera, has filed a notice of motion under rule 4 of the Court of Appeal Rules seeking the leave of this court to be granted extension of time to file appeal out of time against the judgment delivered by the High Court sitting at Meru (HCCA No 98 of 2019), which was delivered on May 12, 2020.
The applicant has stated the reason for the delay in filing the appeal in time was on account of the then prevailing covid-19 situation and the containment measures that were put in place. Although the applicant had made an application to be supplied with the proceedings in time, i.e. on May 25, 2020, the same were not ready until May 13, 2021. The certificate of delay was issued on March 25, 2022. The applicant filed the present application on September 29, 2022. The applicant further explains the reason for the delay in filing the present application was due to financial hardship that he experienced at the time that he was unable to instruct counsel on time.
The…