RULING
This is an application by way of notice of motion under Rule 4 of the Court of Appeal Rules (the Rules) in which the applicant Kariuki Waithaka seeks the following orders:
“1. THAT this Honourable (sic) may be pleased to grant the Applicant leave to file a notice of appeal to this Honourable court out of time and that notice of appeal already filed (on 22.12.2003) be validated and be deemed to have been filed timeously.
2. THAT costs of this application be provided for.”
The judgment of the superior court to be appealed against was delivered on 22nd November, 1999. The applicant who had been represented by counsel filed a notice of appeal on 6th December, 1999. That notice of appeal was however struck out by this Court on 1st October, 2003. In striking out that notice of appeal this Court stated inter alia:
“Apart from the letter of 2nd December, 1999 there is nothing Mr Karanja has done to expedite the preparation of proceedings. In these circumstances when 31/2 years have elapsed …