R U L I N G
By a Notice of Motion dated 3rd March 2016, the applicant, Richard Wefwafwa Songoi has applied for time to be extended to file and serve a Notice and a Record of Appeal under Rule 4 of the Court of Appeal Rules 2010.
The Notice of Motion was filed on grounds that though the time to file and serve the intended appeal had expired, the delay could not be attributed to the applicant; that the delay was not inordinate or inexcusable; that the intended appeal had overwhelming chances of success; and that the applicant ought to be provided with an opportunity to ventilate his claim.
In his affidavit in support of the application sworn on the same date, the applicant deponed that following his dissatisfaction with the decision of the court below, he filed a Notice of Appeal on 26th March 2015, applied for copies of the proceedings and judgment on 27th March 2015, and paid for them on 30th March 2015.
Thereafter it was deponed, the applicant instructed an advocate to pursue the proceed…