M M V. N A

RULING

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 of the High Court (M.W. Muigai, J.) delivered on 16^th June, 2017.

This application was heard ex parte after the respondent failed to attend court even after being duly served with the hearing notice. This absence, notwithstanding, the applicant was still duty bound to persuade the court that he is deserving of the Court’s discretion under Rule 4 of the Court of Appeal Rules. To discharge that burden, Ms. Marai, learned counsel for the applicant submitted that the judgement was not delivered as scheduled on 20^th January, 2017; that without any notice to the applicant, the delivery date was changed and yet again the applicant was not notified; that the applicant’s advocates made several attempts by writing to the Deputy Registrar on 25^th April, 2017; 11^th May, 2017 and; 9^th June, 2017 to ascertain the new date for the delivery of the …