<p class="ql-align-center">RULING OF THE COURT</p><p>There is an application under rule 4 of the Rules of this Court for an order extending time within which to file and serve a record of appeal out of time. The appellant&#x27;s previous appeal against the decision of the superior court&#x27;s judgment delivered on 25th July, 1994 was struck out on 27th September, 1996 because the record of appeal did not include a certified copy of decree. The applicant was therefore required to start the appellate process de novo. The applicant having not applied for extension of time within which to file a notice of appeal out of time, even if I were minded to grant the present application it will not serve any purpose. The process of appeal is started by the lodging of a notice of appeal and thereafter a record of appeal. The applicant having not realized that part, I am constrained not to exercise my discretion in favour of setting aside and will dismiss the appeal but with no order as to costs.</p><p>Dated at Nakuru this 20th day of February, 19…</p>