Ruling
Before this court is a notice of motion dated October 7, 2020, but filed before this court on October 15, 2020. The applicant, Eliud Murage Ruriga, has made this application for extension of time to file appeal out of time pursuant to Rule 4 of the Court of Appeal Rules. The applicant explained the reasons for the delay in lodging the appeal in time in the affidavit in support of the notice of motion. He states that after the delivery of the judgment, he was unable to raise the legal fees demanded by his advocate. However, two months later, he made effort to substantially settle the fees demanded by the advocate. Unfortunately, by that time, the period by which the Notice of Appeal was supposed to have been filed had expired. The applicant pleads with the court to give him an opportunity to ventilate his appeal on merits by granting his application for extension of time to file the appeal out of time.
Although the respondent, Jecinta Wanjiku Njuki, appointed an advocate to act on…