RULING
The Motion on Notice dated 3rd May, 2018 is said to be brought under rule 4(2) (3) and rule 5 of the Court of Appeal (Election Petition) Rules 2017 and Aritcle 159 of the Constitution and all enabling provisions of the law. It is prayed that leave be granted to the applicant David Kipsang Keter to file and serve record of appeal out of time. Further that the court admit record of appeal out of time and the court grants any other orders it may deem fit.
In the grounds set out in support of the motion it is said that judgment of the High Court of Kenya at Narok was delivered on 7th February, 2018; that the applicant filed notice of appeal on 22nd February, 2018 (the date is wrongly stated in the motion to be 22nd April, 2018) which the applicant says is within the period provided under Section 85A of the Elections Act; that on 20th February, 2018 the applicant’s lawyers wrote to the Deputy Registrar of the High Court expressing an intention to appeal the judgment of that court and …