RULING OF THE COURT
By Notice of Motion dated 28th March, 2014, the applicant is seeking leave for extension of time to file an application to reinstate Civil Appeal No. 312 of 2010, which appeal was dismissed for non attendance on 19th June, 2013, by Hon. Justices Visram, Koome and Odek JJ.A.
The application is brought under Rules 4, 41, 42 and 43 of the Rules of this Court and Sections 3A and 3B of the Appellate Jurisdiction Act and Section 59 of the Interpretation and General Provisions Act, Cap 2 of the Laws of Kenya.
It is evident from the application that a period of over 9 months has elapsed since delivery of the ruling dismissing the appeal for non attendance. It is incumbent upon the applicant to explain the reasons for delay in making the application for extension.
The issue in this application is whether the applicant has given a satisfactory explanation for the 9 month delay in bringing the present application. Of relevance is whether there are any extenuating circumstances th…