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COUNTY SECRETARY COUNTY GOVERNMENT OF BUSIA V. MANWARI & CO. ADVOCATES

(2021) JELR 103030 (CA)

Court of Appeal  •  Civil Application 55 of 2020  •  5 Feb 2021  •  Kenya

Coram
Agnes Kalekye Murgor

Judgement

RULING

By a Notice of Motion lodged on 14th June 2016, the applicant, the Secretary, the County Government of Busia applied for time to be extended under Rule 4 of the Court of Appeal Rules 2010 to file a Notice of Appeal.

The motion was premised on the grounds that by a ruling dated 12th March 2020 made in Busia High Court Civil Appeal No. 16 of 2018 the High Court ordered the arrest and committal to civil jail of the applicant’s Finance Executive Member; that the High Court had granted the applicant 14 days within which to file the Notice of appeal, but following a directive issued by the then Hon the Chief Justice, David Maraga on 15th March 2020, court operations were scaled down throughout the country on account of the rapidly spreading Covid- 19 pandemic; that this rendered it impossible for the applicant to obtain a copy of the ruling as court staff were unavailable. Further restrictions were put in place on 6th April 2020 by the Cabinet Secretary for Health vide Legal Notice. No…

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