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DORCAS WAIRIMU MURIITHI V. JOHN KABUTHA

(2011) JELR 102661 (CA)

Court of Appeal  •  Civil Application 33 of 2011  •  2 Dec 2011  •  Kenya

Coram
Philip Nyamu Waki

Judgement

R U L I N G

The matter before me is the motion dated 25th January, 2011 seeking an order under rule 4 of the rules of this Court for extension of time to file and serve a record of about appeal out of time. The decision intended to be challenged on appeal was made by the High Court (Makhandia, J.) on 30th November, 2009 which is a period of one year and two months before the application was filed. In terms of rule 4, I have unfettered discretion to extend the period but the discretion must be exercised judicially or, put another way, upon some reason and legal principles. Some of those principles are now well settled and, accordingly, I have to consider, among other factors, the length of delay, the reasons for the delay, (possibly) 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, whether the matter raises issues of public interest and so forth – se…

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