JOHN TERER, RICHARD ROTICH KIPKORIR KIRUI (SUING AS OFFICIALS FOR AND ON BEHALF OF ST MARK'S COMMUNITY GROUP) V. JOHN MBARAKA ,NELSON KIPRUTO TUITOEK, JOSEPH TONUI

RULING

By their motion dated 24^th August, 2009 and filed on 26^th August, 2009, the applicants seek an order under Rule 4 of the rules of this Court for extension of time within which to serve a notice of appeal against the decision of the superior court made on 6^th May, 2009. The notice of appeal was indeed filed timeously on 12^th May, 2009 but it was served on 12^th June, 2009 which was out of time. Learned counsel for the applicants, Mr. Cheruiyot Richard referred to the supporting affidavit in which the advocate seized of the matter in the superior court, one Sonister Khalwale, swore that after the filing of the notice of appeal, the Deputy Registrar was in session and could not therefore sign the notice of appeal. It was left with the Registry awaiting his signature and collection for serving. It was not signed until 20^th May, 2009 but due to inadvertent oversight by counsel it was not collected from the Court until 9^th June, 2009 and subsequently served on 12^th June, 2009. The res…