MAJOR JOSEPH MWETERI IGWETA V. MUKIRA M'ETHARE ) ATTORNEY GENERAL

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

CIVIL APPEAL NO.53 OF 1993

MAJOR JOSEPH MWETERI IGWETA.............................APPELLANT VERSUS 1. MUKIRA M'ETHARA 2. THE ATTORNEY GENERAL...........................................................RESPONDENTS (Being an appeal from the ruling of the High Court of Kenya at Nairobi (Justice Shields) dated 25th October, 1990 in H.C.C.A. NO. 269 OF 1989) O R D E R

This is an application under rule 4 of the Rules of this Court for an extension of time to file a notice of appeal. The appeal No. 53/93 filed by the applicant was on 27th July, 1999 struck out for failure to comply with Rule 85(1)(c) in that primary documents by way of pleadings were not included in the record.

As I set out to exercise my discretion I must at the outset confess that there is no material before me on which I can do so. As was said by Privy Council in RATNAM v. CUMARASAMY [1964] 3 ALL E.R. 933 there must be some material before the Court to enable its discretion…