MACHARIA KABURU vs BETH WANJIRU KARIMIRA [1990] KECA 24 (KLR)

Facts

The applicant, Macharia Kaburu, sought to extend the time to file an intended appeal from an order of the High Court of Kenya dated 22/7/88. The application was filed on 15/9/89, resulting in a delay of more than one year. The applicant claimed a disagreement with his previous advocate caused the delay, but the respondent's counsel argued that the decision to appeal was an afterthought and the delay was not due to the disagreement.

Issues

1. Whether the applicant's delay in filing an intended appeal should be extended
2. Whether the applicant's reason for the delay is valid

Reasoning

The court found that the applicant's delay was due to his previous counsel's actions, including filing applications for review and stay, and that the decision to appeal was made after a delay of more than a year. The court did not exercise its discretion in favor of the applicant.

Outcome

Dismissed with costs