RULING
I am asked under Rules 4, 41 and 77 of our rules to deem the notice of appeal already filed to have been served on time or to extend the time for such service. The background to the notice of motion dated 20th April, 2017 as set out in the grounds in support of the same and in an affidavit of Charles Muchemi Karweru, the advocate of the applicant, is that, after judgment had been delivered by the High Court on 23rd March, 2016, the applicant, Nancy Wairimu Kibui, did, through her advocate, file a notice of appeal on 29th March, 2016. According to the applicant and her said lawyer that notice of appeal was handed over to a clerk, Mbuthia, with instructions to serve the same upon the respondents’ lawyers but that clerk did not carry out the instructions. It is further stated that upon inquiry of the said clerk whether he had served the notice of appeal he immediately resigned from his job at M/s Karweru and Company Advocates and it took the advocates time to trace the document to …