CLERK OF THE NATIONAL ASSEMBLY, KENNETH O. MARENDE (RTD) SPEAKER OF THE NATIONAL ASSEMBLY & 207 OTHERS V. TIMOTHY NJOYA & 17 OTHERS ATTORNEY GENERAL,MINISTER FOR FINANCE, HEAD OF PUBLIC SERVICE & SECRETARY TO THE CABINET HON. FRANCIS MUTHAURA, COMMISSION ON THE IMPLEMENTATION OF THE CONSTITUTION (CIC) & KENYA REVENUE AUTHORITY

RULING ON REFERENCE TO FULL COURT

Background

1. On 24th April, 2015, the Hon. Gatembu, JA. sitting as a single Judge under rule 4 of the Court of Appeal Rules, (the Rules) dismissed the applicants’ motion for extension of time within which to file and serve the Notice of Appeal and Record of Appeal against the judgment of the High Court, (Warsame, J) (as he then was) delivered on 17th January, 2013. The applicants are now before us by way of a reference under rule 55 (1)(b) of the Rules.

2. The application that was before the learned single judge was premised on a Notice of Motion dated 10th December, 2014. In dealing with the motion, the learned single judge was exercising a discretionary power under rule 4 of the Rules. The circumstances in which this Court can interfere with the exercise of such power, by a single judge were stated in Benson Mbuchu Gichuki v. Evans Kamende Munjua and 2 Others [2006] eKLR as follows;-

“... the full court must consider that the single judge was exercisin…