R U L I N G
This is a motion under rule 4 of the Court of Appeal Rules, in which Festus Ngolua Miburi, (the applicant) prays for an order extending the time within which to lodge a record of appeal. The motion which bears the date 17th May 2004, was filed in court on 19th May 2004, almost one year after the expiry of the period within which the record of appeal should have been filed.
In his affidavit in support of the aforesaid motion the applicant gave three reasons for his failure to take the essential step of lodging a record of appeal, namely lack of funds, sickness and being fully occupied as “a witness in the investigations and hearing of the Tribunal appointed to investigate the conduct of judges, particularly the Honourable Justice Waki (as he then was)”.
In an application under rule 4, aforesaid, the court exercises discretionary jurisdiction and is guided by principles which have evolved over time. Leo Sila Mutiso v. Rose Hellen Wangari Mwangi, Civil Application No. Nai 255 of…