RULING
If I may, let me begin by noting that this was among the first applications to be heard by tele-presence, with counsel in Mombasa arguing their respective cases before a Judge sitting in Nairobi. This particular application was heard on the day of the official inauguration of the tele-presence, and was beamed live to a large group of distinguished guests, both here and in Mombasa, including the Hon. the Chief Justice, Judges of the Court of Appeal and High Court, representatives of the Law Society of Kenya and development partners. I wish to express my gratitude to counsel in Mombasa for their patience and co-operation on this occasion. Before me was an application under Rule 4 of the Court of Appeal Rules (the Rules) for extension of time within which to file and serve the notice of appeal.
The applicant intends to appeal against the judgment of the superior court (Sergon, J) dated 18th February, 2008 whereby the superior court, sitting as a first appellate court, disallowed th…