<p class="ql-align-center">RULING OF THE COURT</p><p class="ql-align-justify">This is a reference arising from a decision of a single judge of this Court (Kihara Kariuki, (PCA)), made on 23^rd October, 2015 in which the learned Judge rejected an application by Jones M. Musau and Magdalene Wayua Mavyuva, <em>(“the applicants”),</em> for extension of time to file a notice of appeal and record of appeal out of time. The application is opposed by the respondents, The Kenya Hospital Association and Peter Mungai Ngugi, (“<em>the 1</em><em>^st</em><em> and 2</em><em>^nd</em><em> respondents” respectively)</em> . The learned single judge determined that the delay of over four months to seek extension of time was inordinate and was not satisfactorily explained. Learned counsel for the applicants, Ms. Mbulu, who also represented the applicants before the single judge, relied on the affidavit sworn by the 1^st applicant in support of the application for extension of time. It was deponed in the said affidavit, so far as it is material, that her counsel had been misled by notes made by the advocate who held her …</p>