R U L I N G
By a Notice of Motion application brought under rules 4, 76 and 81 of the Court of Appeal Rules seeking extension of time within which to file a Notice of Appeal against the ruling of the superior court (Mohammed Ibrahim, J) dated 17th April, 2008.
Before the Court can exercise its unfettered discretion in favour of the applicants herein, the applicants must show, as was held in WASIKE v. SWALA (1984) KLR 591, that:
a.) There is merit in the intended appeal.
b.) Extending the time to file the Notice of Appeal will not cause undue prejudice to the respondent.
c.) The delay is not inordinate.
As stated above, the applicants intend to appeal against the ruling of Mohamed Ibraham, J dated 17th April, 2008, whereby the learned Judge said as follows:-
“I find that the applicants are not entitled to orders of certiorari, prohibition and mandamus as applied for. As a result the application must fail. It is hereby dismissed.”
The ruling of the learned Judge annexed to the application shows…