RULING
[1] The applicant seeks leave to file and serve a notice of appeal out of time. The application is brought under Rule 2, 3, 4 and 5 of the Court of Appeal (Election Petition) Rules, 2017, (Election Petition Rules of 2017), Article 259 (2) of the Constitution and section 31 of the Limitation of Actions Act. At the hearing of the application, Mr. Amasakha, learned counsel for the applicant, made an oral application for leave to amend the application to include Rule 14 as one of the grounding rules and to include a prayer that:
“Upon granting prayer 2 of the said motion, the notice of appeal dated 15/11/2017 and filed herein on 20/11/2017 and served on the respondents herein on 23/11/2017 be deemed duly filed and served.”
[2] The Election Petition Rules, 2017 do not contain a provision giving power to the Court to give leave to amend. However, Rule 4 (2 provides:
“Where there is no applicable provision in these rules, the provisions of the Court of Appeal Rules, 2010, relating to civi…