DUNCAN GATERU V. JAMES RUO WAITHAKA

R U L I N G

Prior to the hearing of this application and before counsel for the applicant made his submissions, I intimated to him that the material he had on record was in my view not sufficient for the purpose of determining the application. He nevertheless went ahead and argued the application. The submissions made to me subsequently did not advance the application's position any further. In the result, I am unable to exercise my unfettered discretion granted to me under rule (4) of the Rules of this Court, which Rule, this application has been brought, on the ground that the material upon which the application is based is too scanty to enable me to consider whether or not to grant the extension sought, for time to file a Notice of appeal and record of appeal out of time on the established principle. See Leo Sila Mutiso v. Rose Hellen Wangari Mwangi C. Application No. Nai. 255 of 1997 (unreported):

"It is now well settled that the decision is essentially discretionary. It is also we…