M'MUGAMBI THIRINGI
V.
M'BIRITHIA GITHONGO

RULING OF THE COURT

This is a ruling in respect of a reference made to the full bench arising out of Waki, JA’s ruling made on 1^st July, 2015 sitting as a single judge.

A brief background to the reference is that M’MUGAMBI THIRINGI, the applicant herein filed a motion dated 31^st March, 2015 pursuant to rule 4 of this Court’s Rules. The applicant sought the following orders:-

“1. That this honourable Court be pleased to extend the time within which the intended appellant shall file the record of appeal.

2. That this honourable Court be pleased to grant leave to the intended appellant to file the record of appeal within a period of thirty days and to serve that record of appeal within seven days of such filing.

3. That the costs of this application be costs in the cause.”

M’BIRITHIA GITHONGO was named as the respondent. As indicated above, the motion was heard by Waki, JA., who in a ruling dated 1^st July, 2015 dismissed the motion. Thereafter vide a Notice dated 6^th July, 2015 the applicant i…