REPUBLIC OF KENYA
IN THE COURT OF APPEAL
(CORAM: LAKHA J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 104 OF 1996
R U L I N G
I have before me an application dated April 24, 1995 but filed on May 30, 1990 under rule 4 of the Rules of this Court seeking an extension of time to file and serve a record of appeal in an intended appeal from the order of the superior court (Tunoi, J, as he then was) delivered on August 2, 1990.
An appeal that had been filed against the said decision was, on January 16, 1991 struck out by this Court as the appeal was incompetent as the decree was not certified. It has taken the applicant more than four years to take corrective measures for a fresh appeal to be filed.
I find the delay inordinate. It was sought to explain or account for such a long delay by relying on the arrest of the applicant's advocate who was detained in prison when he was charged with the offence …