R U L I N G
This is an application under rule 4 of the Court of Appeal Rules for an extension of time to lodge the notice of Appeal and memorandum and record of appeal in an intended appeal against the judgment of Lady justice H.M. Okwengu delivered on 26th March, 2004.
This judgment determined a first appeal from the judgment of the Nyeri Resident Magistrate Mr. W.K. Korir dated 22nd June, 2001 in P.M.C.C. NO. 609 of 1995. The intended appeal before this Court is therefore a second appeal.
The relevant event leading to the application for extension of time were as follows:-
26th March 2004 The delivery of judgment by Okwengu, J
10th April, 2004 Expiry of 14 days time limit.
22nd April, 2004 Notice of motion for extension
22nd April, 2004 Notice of appeal signed but not lodged waiting leave to lodge out of time.
The length of the relevant delay was therefore from 10th April, 2004 to 22nd April which is 12 days.
The explanation offered by the applicant for that delay was that neither he nor his…