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Speaker, Kakamega County Assembly v. Cleophas Wakhungu Malala, Clerk, Kakamega County Assembly & Kakamega County Assembly

(2018) JELR 94897 (SC)

Supreme Court  •  Petition 17 of 2016  •  13 Apr 2018  •  Kenya

Coram
Jackton Boma Ojwang, Isaac Lenaola, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

[1] UPON perusing the Notice of Motion Application dated 1st May, 2016 and filed on 5th July, 2016, for extension of time to file an appeal against the Court of Appeal’s Judgment in Civil Appeal No.77 of 2014 and;

[2] UPON reading the applicant’s affidavit in support sworn by Prof. Tom Ojienda, SC on 1st July, 2016; and

[3] UPON considering the written submissions on record for the applicant wherein the applicant contends that the 3 months’ delay in filing an appeal was inadvertent and was occasioned by the fact that the deponent to the affidavit in support of the application, (the advocate for the applicant) and his clients were unaware of the delivery of the Judgment and only got to know of it when he sent his Court clerk to the Kisumu Court of Appeal Registry on 27th June 2016 and he could not therefore have appealed against the judgment delivered on 12th February within the time stipulated in the Rules of this Court;

[5] AND having considered the application (notin…

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