ROYAL MEDIA SERVICES LTD V. TELKOM KENYA LTD, COMMUNICATIONS COMMISSION OF KENYA, KENYA BROADCASTING CORPORATION, ATTORNEY GENERAL, NICHOLAS ETYANG, DANIEL MUSAU, FRANCIS WANGUSI, DANIEL WATURU, J. N. KAMUNGE, PHILIP M. KAMAGA, GEORGE KHOJALA, MUSA ETIKO, HENRY WEST & KAREN LANG'ATA DISTICT ASSOCIATION

R U L I N G

The applicant seeks two orders under Rule 4 of the Court of Appeal Rules, namely:

“1. That the applicant be granted leave to file and serve a Notice of Appeal out of time.

2. That the applicant be granted leave to file and serve the record of appeal within such extended time.

On 25^th July, 2004, the 2^nd, 5^th – 12^th respondents herein filed an application in the superior court seeking the dismissal of the applicant’s suit H.C.C.C. No. 15 of 2000 for want of prosecution under Order XVI Rule 5 of the Civil Procedure Rules. The application was served on the applicant’s advocates who filed a lengthy replying affidavit explaining the delay in the prosecution of the suit as having been occasioned partly by the expectation that the State would resolve the matter amicably and partly because Dr. Kamau Kuria, the advocate was engaged for a long time in the Judicial Commission of Inquiry into the Goldenberg Affair (commission of inquiry) as an assisting counsel. The applicant’s counsel di…