R U L I N G
The notice of motion dated 20th December, 2012 seeks an order under Rule 4 of the Rules of this Court 2010, for extension of time to file a notice of appeal to challenge the Ruling of the High Court, Makhandia, J (as he then was) delivered in Machakos on 15th May, 2012. The main reason given for the delay in the affidavit supporting the motion and in submissions of learned counsel for the applicants, Ms. Kiniti, is that the Ruling of the court was delivered without the knowledge of the applicants or their counsel as no notice of such delivery was served on them. They explain that on the 16th March, 2012, the learned Judge, in the presence of all parties fixed the matter for Ruling on 20th April 2012, but the court did not sit on that day. The registry informed counsel that the Ruling would be delivered on Notice, but no notice was forthcoming for a long time. The applicants then wrote to the Registrar on 5th September, 2012 to enquire about the delayed Ruling only to be inf…