SAMUEL NDEGWA WAITHAKA V. AGNES WANGUI MATHENGE,MARY NYOKABI KING'ORI & ANNE NJOKI WAWERU

JUDGMENT OF THE COURT

1. The issue raised in this appeal is whether the learned Judge of the High Court (J. M. Mativo, J.) was correct in his decision to decline to grant leave to the applicant to appeal to the High Court from the decision of the Senior Principal Magistrate when he held that the appellant's intended appeal did not have overwhelming chances of appeal. The learned Judge excused the appellant for the delay in filing appeal against the judgment of the Senior Principal Magistrate (Hon. S. Akato) delivered on 19^th October 2012 and held that after receiving the certified proceedings on 10^th June 2014 and the certificate of delay on 16^th June 2014, the appellant should have proceeded to lodge appeal because the period of delay between the date of application for proceedings and the date they were supplied was excluded under Section 79G of the Civil Procedure Act. However, instead of filing appeal upon receipt of the certificate of delay and the proceedings, the appellant filed…