KENYA FOREST SERVICE V. RUTONGO'T FARM LTD

IN THE COURT OF APPEAL

AT ELDORET

(CORAM: MARAGA, JA (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 273 OF 2014

BETWEEN

KENYA FOREST SERVICE..........APPLICANT

AND

RUTONGO’T FARM LTD..........RESPONDENT

(An application for Directions and Extension of time in Eldoret Court of Appeal No.17 of 2014)

RULING

This is an application for leave to serve both the notice and record of appeal out of time. It is brought under Rules 4, 42, 77, 79(1) and 90(1) and (2) of the Court of Appeal Rules.

The application also seeks directions that both the notice and record of appeal be served upon the Hon. The Attorney General, as the defender of public interest who at any rate participated in the proceedings in the High Court.

The application is based on the ground that though the notice of appeal was filed in court on 4^th July 2014, the Deputy Registrar of this court did not endorse it until 14^th July, 2014 and by the time counsel for the applicant got it served, the period allowed for service had expired. Counsel for the…