RICHARD NAFWIKI MAKANDA V. JOB WEKESA

RULING

Background

[1] By a Notice of Motion dated 19^th October, 2018, the applicant, Richard Nafwiki Makinda seeks the following orders expressed to be brought under Rule 4 of the Court of Appeal Rules, 2010 (the Court Rules) that:-

“(1) That the Honourable Court be pleased to extend the time for the lodging of the notice of appeal, applying for certified proceedings and appeal from the decision of the Superior Court dated the 22^nd February, 2018 made in Bungoma HCCC. No. 31 of 2011 O/S – Job Wekesa v. Richard Nafwiki Makanda by the Hon. Justice Samuel Mukunya.

(2) That upon the grant of the extension of time, the court be pleased to order the validation of the notice of appeal and application for certified proceedings made by the applicant.

(3) That the costs of this application to abide the outcome of the appeal.”

[2] The grounds on which the applicant relies in his application to file the record of appeal out of time and deem the notice of appeal as properly filed are set out in the appl…