CHARLES KARATHE KIARIE, THOMAS WANYOIKE WAINAINA & KALANG ENTERPRISES V. ADMINISTRATOR OF THE ESTATE OF JOHN WALLACE MATHARE (DECEASED), ADMINISTRATOR OF THE ESTATE OF DENNIS WAWERU RIMUI (DECEASED) & ADMINISTRATOR OF THE ESTATE OF JOYCE WANJA GITAU

RULING OF THE COURT

A. INTRODUCTION

[1] Before Court is a Notice of Motion dated 27th February, 2020 brought under Rules 21, 49(2) and 53 of the Supreme Court Rules, 2012; and Article 163 of the Constitution of Kenya, 2010 and supported by the affidavit Charles Karathe Kiarie sworn on 30th May 2017. It seeks to review the ruling a single-judge (S.C. Wanjala, SCJJ) made on 17th December, 2019 and to reconsider afresh the Applicants’ application made on 12th of June 2018.

[2] The application seeks orders:

a) THAT this Honourable Court be pleased to extend the time for filing a Review application against the decision of his Lordship S.C Wanjala, J. delivered on the 17 th of December 2019, disallowing extension of time for filing the Reference on Taxation against the two rulings delivered herein on the 13 th of April 2018 by Hon D Ole Keiuwa.

b) THAT if prayer (a) is allowed, this Honourable Court be pleased to vary and review the decision of his Lordship S.D Wanjala, J. delivered on the 17 th…