This is an application pursuant to Rule 4 of the Court of Appeal Rules for extension of time to file and serve the record of appeal from the judgment and order of the High Court (Onguto, J).
The judgment in the case before the High Court was delivered on 2nd February, 2018. A notice of appeal was filed within time on 8th February, 2018. On the same day the applicant requested for typed proceedings. This was also within time. The applicant was then supplied with a copy of the typed record of proceedings on 28th March, 2018 and subsequently a certificate of delay on 18th April, 2018. The certificate excluded the 20 days taken to prepare and supply the certified copies of proceedings and judgment; that is the period between 8th February and 28th March, 2018.
The statutory period of 60 days from 28th March, 2018 lapsed on 28th May, 2018 and this application brought on 27th September, 2018, constituting a delay of approximately 122 days. The delay was explained by Mr. Muturi, learned c…