RULING (IN CHAMBERS)
The applicant seeks, in this application brought under Rule 4 of this Court’s Rules, leave to file and serve both the notice and record of appeal out of time.
The brief background is that, following a complaint by the applicant, the 1st respondent was arrested and prosecuted for the offence of theft of motor vehicle parts in Criminal Case No. 36 of 2005 filed at the Senior Resident Magistrates’ Court at Kajiado. The trial court in its ruling found that the 1st respondent had no case to answer and acquitted him holding that the prosecution had failed to establish a prima facie case. Consequently, and on the basis of this outcome, the 1st respondent filed Civil Suit No. 11 of 2007 in the Senior Resident Magistrate’s Court at Kajiado against the applicant, the 2nd and 3rd respondents seeking damages for malicious prosecution. The 1st respondent’s action succeeded in the trial court and judgment entered against the applicant, the 2nd and 3rd respondent’s jointly and sev…