REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CIVIL MISC. APP. NO. 27 OF 2017 JOSEPH KINYUA..................................................APPELLANT VS G.O.OMBACHI ...................................................RESPONDENT RULING Joseph Kinyua filed application dated 3rd April 2017 seeking leave to appeal out of time. The application was supported by grounds on the face of the application and affidavit sworn on 3 rd April 2017 spelling out efforts made to get ruling of the court delivered on 18 th July 2014 in order to file appeal but was not successful. The application was opposed by Respondent through a Replying Affidavit sworn by Okero Gilbert Ombachi on 8th May 2017. In a rejoinder the applicant filed a further supporting affidavit sworn on 27 th June 2017 in which he did annex proof of efforts made to exercise right of appeal but was not able to do it within time for reasons beyond his control. I have perused the application and the affidavits for both parties and annextures thereto and find that the right to appeal is a constitutional right and the applicant having made efforts to exercise the right he should not be shut out without considering the substance of his appeal. Applicant granted leave to file appeal out of time but not later than 14 days from date of ruling. HON. A.ONG’INJO JUDGE 31.8.2017 Before Adwera – Ong’injo Judge C/A – Penina Ms Wangwe Advocate holding brief for Ondari Advocate for Respondent Applicant – Present in Person Ruling Signed Delivered and Dated this 31st Day of August 2017. HON A.ONG’INJO JUDGE
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