RULING OF THE COURT
ON REFERENCE TO FULL COURT By their notice of motion dated 16th October, 2001 and lodged in this Court on 18th October, 2001 and which was brought under Rule 4 of the Court of Appeal Rules, Joseph Kamau Musa and thirty-three other named persons applied to a single Judge of the Court for an order:
“(a) That the time within which the applicants will lodge notice of appeal and record of appeal from the Judgment of M/s (sic) Justice Mbito dated 19/11/97 delivered in HCC (sic) No. 3746/88 as consolidated with HCC (sic) No. 3200/90 be enlarged by a further 30 days.”
That motion was heard by Bosire, J.A on 25th July , 2002 and by his Ruling dated and delivered on 29th July, 2002, the learned Judge refused to exercise in favour of the applicants the unfettered discretion conferred on him by Rule 4 and dismissed the applicant’s motion with costs. This is a reference to the full Court from that refusal. Mr. S.M. W. Kinuthia who has always fought gallantly on behalf of the appli…