Tuesday, May 14, 2024

Indigent-Petitioner Plea For Extension of Time To File A Civil-Appeal By At Least Two-Months While I Fundraise The E-Filing Costs And/Or Alternatively Legal Assistance For A Desktop / Laptop Working Space At Migori High Court Registry

Dear Sir / Madam,
                             I pray for an extension of time for at least two months to allow me fundraise for purposes of processing the requisite paperwork or alternatively allow me some working space with one of your desktops or laptop at the Migori High Court Registry for a marathon fast-track of the same subject to the Court of Appeal & Mutunga Rules since my prima facie case is water-tight arguable with substantiated, tangible facts & evidence while ICC-Indicted & thief Ruto's GoK's imposed me pauperism-indigency below the poverty line hanging my life on a string with gas-lightings for cabbaging-caging institutionalization and/or enforced disappearances / abductions / witchcraft sojourns / death threats attempts amid the SOA & PADVA of OB61/23/08/2021 Migori Police Station... all for the ends of embezzling my 10m+ damages. The reason I've applied for political-asylum / refuge. Otherwise, the grievous  harm violations of my fundamental rights & freedoms continues since this instant pending civil appeal is the key to gaining my self-determination independence cause it'll facilitate processing the other suits in my broad-lawsuit.
                           I rely on the following caselaw authorities including of the
(1):-case of Leo Sila Mutiso v Hellen Wangari Mwangi [1999] 2 EA 231 which is the locus classicus, laid down the parameters as follows: "It is now well settled that the decision whether or not to extend the time for appealing is essentially discretionary. It is also well settled that in general the matters which this Court takes into account in deciding whether to grant an extension of time are: first the length of the delay, secondly, the reason for the delay; thirdly (possibly) the chances of the appeal succeeding if the application is granted; and, fourthly, the degree of prejudice to the respondent if the application is granted." [Emphasis supplied].
(2.):-the case of Fakir Mohammed v Joseph Mugambi & 2 Others [2005] eKLR where the court rendered itself thus: "The exercise of this Court's discretion under Rule 4 has followed a well-beaten path… As it is unfettered, there is no limit to the number of factors the court would consider so long as they are relevant. The period of delay, the reason for the delay, (possible) the chances of the appeal succeeding if the application is granted, the degree of prejudice to the respondent if the application is granted, the effect of delay on public administration, the importance of compliance with time limits, the resources of the parties, whether the matter raises issues of public importance-are all relevant but not exhaustive factor."
(3.):-This was reiterated further in the case of Muringa Company Ltd v Archdiocese of Nairobi Registered Trustees, Civil Application No. 190 of 2019 where it was explained that:     "Some of the considerations, which are by no means exhaustive, in an application for extension of time include the length of the delay involved, the reason or reasons for the delay, the possible prejudice, if any, that each party stands to suffer, the conduct of the parties, the need to balance the interests of a party who has a decision in his or her favor against the interest of a party who has a constitutionally underpinned right of appeal, the need to protect a party's opportunity to fully agitate its dispute, against the need to ensure timely resolution of disputes; the public interest issues implicated in the appeal or intended appeal; and 8 whether, prima facie, the intended appeal has chances of success or is a mere frivolity."
(4.):-In Muchugi Kiragu v James Muchugi Kiragu & another Civil Application No. NAI. 356 of 1996, this Court had the following to say as regards this Court's discretion under Rule 4: "Lastly, we would like to observe that the discretion granted under rule 4 of the Rules of this Court to extend the time for lodging an appeal is, as is well known, unfettered and is only subject to it being granted on terms as the Court may think just. Within this context, this Court has on several occasions, granted extension of time, on the basis that an intended appeal is an arguable one and that it would therefore, be wrong to shut an applicant out of Court and deny him the right of appeal unless it can fairly be said that his action was in the circumstances, inexcusable and that his opponent was prejudiced by it." (Emphasis supplied)... and as provided for under 
(5.):- Rule 4 of the Court of Appeal Rules which provides as follows: "The court may, on such terms as it thinks just, by order extend the time limited by these Rules, or by any decision of the Court or of a superior court, for the doing of any act authorized or required by these Rules, whether before or after the doing of the act, and a reference in these Rules to any such time shall be construed as a reference to that time as extended." Rule 4 of the Court of Appeal Rules does not provide for factors the court ought to consider in an application for extension of time but courts have devised appropriate principles to be applied in achieving a 'just' decision in the circumstances of each case... as read together with Article 24(1) CoK-2010 providing that: (1) A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including:- 
(a) the nature of the right or fundamental freedom; 
(b) the importance of the purpose of the limitation; 
(c) the nature and extent of the limitation; 
(d) the need to ensure that the enjoyment of rights and                                                                              fundamental freedoms by any individual does not prejudice                                                                    the rights and fundamental  freedoms of others; and                                       
(e) the relation between the limitation and its purpose and                                                               whether there are less restrictive means to achieve the purpose... 
as read together with Article 24(2) CoK-2010 providing that: (2) Despite clause (1), a provision in legislation limiting a right or fundamental freedom -(a) in the case of a provision enacted or amended on or after the effective date, is not valid unless the legislation specifically expresses the intention to limit that right or fundamental freedom, and the nature and extent of the limitation;  (b) shall not be construed as limiting the right or fundamental freedom unless the provision is clear and specific about the right and the nature and extent of the limitation and (c) shall not limit the right or fundamental freedom so far as to derogate from its core or essential content... as read together with Article 24(3) CoK-2010 providing that: (3) The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this Article have been satisfied.
NB:- Letter written in a hurry to beat the computer internet-and-electricity blackout manipulations interference and thus all other relevant factors can be found in the links.
Thank you all in advance for your considerations.
                           Yours Faithfully,
                           Erick Mango.


The campaign for e-filing costs can be found / downloaded-and-printed in these links:-                                                                                                     
Entitled
Migori High Court CTA Fundraiser for e-Filing Costs To File A Civil-Appeal Application for an Order of Mandamus, Certiorari & Prohibition in 14 Days Starting 7th-21st May 2024 Subject To Section 7 Civil Procedure Act Following Exhaustion of the CAJ / Ombudsman Deadline, Failure and/or Refusal to Investigate My Abuse-of-Office Complaint Against The ACC c/o OAG in Light of Disparity-of-Resources btw The ICC-Indicted Mass-Murderer (Terrorist) and World-Renown-Thief (of the Haiti-Cash-Grab) Ruto's Authoritarianism Political-Legal Abuse Exploitation of State-Machinery To Intimidate, Harass & Arm-twist A GoK-Pauperism-Imposed Indigent-Appellant To Obliterate My Petition, Obstruct Justice & Embezzle My 10m+ Damages by His Company Amaco Insurance. SOS

Dear Well-wishers,  
                             It costs 1550/- to file an appeal with the High Court while plus a Certificate-of-Urgency at 2250/- brings the total to 3800/-. Then I got to download, do printings at 10/- per page, fill-in, scan 30- a page & upload the Notice-and-Memorandum of Appeal Forms; I got to typeset, bullet & convertlotsa cited blog records / links, video transcripts & email correspondences / submissions with govt. bodies to PDF for uploading as Records-of-Appeal.
                             I'll still need to serve the Notice-of-Appeal on all parties within 7 days after lodging the appeal & thereafter file-&
serve rejoinders to respondents' grounds-of-objections / affidavits within 7 days after 14 days since serving them; not to mention uploading all facts, evidence & documents: All these amid my antagonists' the adversely-mentioned in my suit to manipulate computer internet-power blackout hanging interferences to obstruct my expeditious filing of petitions whenever they realize I'm working-out to such ends. Anywhere btw 6-7-10k will sail me through Ruto's state machinery to weather the challenges.
                            Funds can be sent to my MPESA Accounts at: +254723047863 or +254764087863 or to my Equity Bank Migori Branch at: 0161168298894. SOS
                            NB: Written in a hurry as usual cyber had no internet today and it rained cats-and-dogs before I found a working cyber.
                           Thank you all in advance for your considerations.
                           Yours Faithfully,
                           Erick Mango.


The nature of the 11 years 11 months criminal-conspiracies political-legal abuses delays, and reliefs-sought amid death-threats which endlessly contravene-and-violate my fundamental rights and freedoms as provided-for in Articles 25(a-d), 27(1-5), 28, 29(a-f) 45(2), 48 and 50(1) are demonstrated explicitly-and-implicitly in detail in my correspondences to civil-society-groups and recorded in my blog-sites who's links can be found, downloaded-and-printed here:
(a.):-( https://erick-mango.blogspot.com/2016/05/prosecuting-raila-ex-treason-convict_24.html )-The Kihara-Construction Traffic-Accident KAS-535K Chronicles ;
(b.):-( https://erick-mango.blogspot.com/2016/06/prosecuting-raila-ex-treason-convict.html )-More on the Kihara-Construction Traffic-Accident KAS-535K Chronicles ;
(c.):-( https://erick-mango.blogspot.com/2016/10/prosecuting-raila-ex-treason-convict_26.html )- Broad lawsuit detailing the violated-and-infringed Rights-and-Fundamental Freedoms including the Campaign-Plea Portfolio, Charge-Sheet, Amicus Curiae and Complaints-File ;
(e.):-( https://startrextraterrestrials.wordpress.com/2022/01/03/developing-updates-10-on-medical-battery-negligence-malpractice-charges-alternated-with-witchcraft-and-enforced-disappearances-i-urge-the-cj-in-accordance-with-the-edict-in-article-10-cok-2010/ )-GoK Covax-syringes poker / medical-battery / negligence / malpractice criminal-conspiracy details including how my Rights-and-Fundamental Freedoms are violated-and-infringed endlessly;
(h.):-( https://startrextraterrestrials.wordpress.com/2022/09/26/vol-10 )-05-09-2022 They killed the ICC witnesses one by one (the latest being ICC lawyer Paul Gicheru Sep 26) to exonerate themselves in any future investigations or proceedings ;
(i.):-( https://startrextraterrestrials.wordpress.com/2022/12/15/154a-water-food-v-acc-appeal-prayers-for-humanitarian-visa-asylum-protection-self-determination-and-rule-of-law-from-uhuru-raila-co-conspirators-and-their-jinn-theocracy-gok-sanctioned-politi/ )-GoK-imposed indigence starvation-dehydration elaborate funeral-rites plus photo-exhibition of the broad lawsuit details including how my Rights-and-Fundamental Freedoms are violated-and-infringed endlessly ;
(j):-( https://startrextraterrestrials.wordpress.com/ )-GoK endless-persecution political-legal abuse broad lawsuit photo-exhibition details including how my Rights-and-Fundamental Freedoms are violated-and-infringed endlessly ;

SUPPORTING LINKS:-

NB:-As formerly Uhuru's and now Ruto's GoK suppress my 8-page statement charges of OB61/23/08/2021 on SOA-and-PADVA { https://wp.me/pb6oyO-6Ci } even as Ruto brood-sits pretty on my now 11yrs 11-months 10m+ damages ( 
( https://startrextraterrestrials.wordpress.com/2022/12/17/final ) imposing me a pauperism-bachelorhood at 46yrs compromising my dating-and-marriage, I routinely need bare-basics to meet hygiene-decency standards including a wardrobe. 
Ain't living or working in narcissistic-Godzilla-Raila's Luo-Nyanza. SOS. #FreedBritney #turpinfamily ] Photo-evidence exposition:-{ https://startrextraterrestrials.wordpress.com ) or ( https://newshotstream.wordpress.com ) Related Links:- { https://erick-mango.blogspot.com/2021/07/prayers-for-migration-for-political.html )
( https://erick-mango.blogspot.com/2023/05/vol5-gok-brs-icc-indicted-thief-and.html ) ( https://erick-mango.blogspot.com/2023/04/kra-complaints-information-center.html ) ( https://erick-mango.blogspot.com/2023/05/vol3-gok-ruto-gas-lighting-embezzlement.html ) ( https://erick-mango.blogspot.com/2023/06/vol4-migori-police-station-and-police.html ) (https://erick-mango.blogspot.com/2023/08/vol5-updates-migori-police-station-and.html ) (  https://erick-mango.blogspot.com/2023/04/correspondence-from-odpp-to-liaise-with.html ) ( https://erick-mango.blogspot.com/2022/11/red-flags-on-transparency-and-contempt.html ) ( https://erick-mango.blogspot.com/2022/11/acc-complaint-ccpeaug2236-travel.html ) ( https://erick-mango.blogspot.com/2022/11/acc-complaint-ccpeaug2236-nairobi.html ) ( https://erick-mango.blogspot.com/2022/10/squeezed-final-submission-vol-12.html )

DELIVERED, DATED AND SIGNED AT MIGORI THIS TUEDAY 14TH DAY OF MAY 2024.

Erick Otieno Mango: Indigent-Complainant

Appeal virtually submitted and delivered in the knowledge of:-

Chief Registrar Judiciary at: chiefregistrar@court.go.ke

Migori Court at: migoricourt@court.go.ke

E-Filing Judiciary at: ictsupport@court.go.ke






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