CORNEL OYUGI OTHIENO VS Eliud Okungu AND FRED OWINO ODUONG AND 2 Others

RULING 
1    I have  seen application for extension of time to file appeal out of time dated 27/2/2026 and the supporting affidavit of Cornel Oyugi Otieno sworn on 27/2/2026.  The application is brought under the provisions of see 79G  of the Civil procedure Act.  The provisions donate power to the court to enlarge they’re for filing of an appeal outside the 30 days required provided that there is sufficient reasons and which counsel in its submission has cited and correctly so.
2    With regard to the criteria sufficient reason.  I will  be guided by the case of Salat Vs. Independent Electoral and Boundaries Commission & 7 Others KESC 12 KLR   also cited by the applicant.
3    The main reason for the delay is that the outcome of the judgment in the trial  Court was against him and which disoriented him and he had to flee and relocate his home for fear of his life, he was also impecunious and that the proceedings took long to be availed.
4    I think I will exercise my discretion in favour of the right of appeal.  Given the circumstances the delay herein is of about  6 months  which  I  would not render inordinate for each  case   is decided  upon its own  facts.  As to arguability of the appeal , an arguable appeal is one  that  need not succeed but just raise grounds that are urguable before the appellate court.
5    I will allow the notice of motion application dated 27/2/2026 and enlarge time as follows.
1.    The Memorandum of appeal shall be filed within 14 days   of today’s date
2.    In default of order 1 above the leave herein shall automatically lapse on the 15th day. 
3.    There shall be no orders as to costs.

Ruling Delivered and Dated This 8th Day of July 2026

Ruling delivered virtually through Microsoft teams Video Conferencing Platform in the presence of:
Mr. Odhiambo for the Applicants
No appearance for the Respondents
Court Assistant – Abiud Wekesa