PERMANENT SECRETARY, MINISTRY OF STATE FOR DEFENCE & ANOTHER
V.
MAHAT KUNO ROBLE & 4 OTHERS

RULING

1. This application dated 28^th April, 2017 and filed on 25^th May, 2017 by the Hon. Attorney General for on and on behalf of the applicants seeks extension of time to lodge and serve a notice of appeal out of time, and it also seeks to have the notice of appeal dated 30^th September, 2016 and filed on 5^th October, 2016 deemed as properly filed and served.

2. The application was supported by two affidavits, the first one was sworn by Mr. J. Motari Matunda, an Advocate of the High Court of Kenya practicing as a State Counsel in the Attorney General's Chambers, Nairobi, and the second one by Mr. Saitoti Torome, the Principal Secretary in the Ministry of Defence.

3. In his affidavit, Mr. Matunda deponed that the Environment and Land Court in Kerugoya delivered the judgment sought to be appealed from on 19^th August, 2016 without any notice of its delivery to the applicants; that the failure to notify the applicants as aforesaid denied them the right to know the outcome of the judgment in…