RULING
By way of a notice of motion under rule 4 of this Court’s rules, Charles Munge, the applicant herein, seeks orders that:
1. This Court be pleased to enlarge time for filing his Notice of Appeal by 37 days;
2. The Notice of Appeal filed on the 14th day July 2014 be deemed as properly filed.
The application is brought against the backdrop of a judgment against the applicant that was delivered by Mutungi, J on 20th May 2014. Mr Kelvin Mogeni, advocate for the applicant submitted that after the judgment was delivered, he did not have an opportunity to inform his client of the outcome of the case, and therefore did not receive instructions to appeal from him. In his affidavit in support of the application, he states that he left the country on official duty and only informed the applicant of the decision against him when he returned from his travels. It was then that Mr Mogeni received instructions to appeal and thereafter he filed a notice of appeal on the 14th July 2014.
Mr Mogeni ther…