R U L I N G
This is an application for extension of time to file notice and record of appeal out of time. The intended appeal is meant to challenge the judgment of Honourable Mr. Justice B.K. Tanui dated 2nd February, 1994. This is permitted under Rule 4 of this Court’s Rules where the court, which means one member of the bench, can hear the same and consider whether or not to grant it depending on the circumstances of each case.
There are no grounds shown on this application upon which it is based but there is a supporting affidavit deposed to by the applicant which avers that after the decision of the learned Judge delivered on 2nd February 1994 he was aggrieved by it and he instructed his lawyer to lodge an appeal and also instructed him to apply for stay pending appeal; but that after he gave these instructions he fell sick and was bedridden. He was only able to move on 5th December 1996. He travelled to Nairobi on 6th December1996 and held discussions with his former advocates who …