RULING
1. By a Notice of Motion dated 3rd June 2013, the Applicants, the ministry of Education and the Attorney General, lodged in this court on 10th June 2013 an application seeking orders that-
The time limited by Rule 75(2) of the Court of appeal Rules 2010 be enlarged to enable the applicants to serve the Notice of appeal filed on 29th May 2013 against the Ruling of the Honourable Justice D. Musinga JA dated 4th March 2011 delivered in favour of the Petitioner in Constitutional Petition No.225 of 2008.
That the Notice of appeal dated 28th May 2013 be deemed as duly filed and properly on record.
2. The application was supported by an affidavit sworn by Mr. Anthony Opondo, an advocate of the High Court of Kenya working as a litigation counsel in the Attorney General’s Office and having the conduct of the application. The application was made on the grounds, inter alia, that the mistake and/or the inadvertent misplacement of the documents relating to the litigation on the subject matte…