RULING
The cases of Edith Gichugu Koine v. Stephen Njagi Thoithi, Civil Application No. 11 of 2014 and Rose Waruino Muthemba v. Kentazuga Hardware Limited, Civil Application No 16 1998, cited by the applicant emphasise the well known point which was summarised in the following passage in the oft-cited case of Leo Sila Mutiso v. Rose Hellen Wangari Mwangi – Civil Application No. Nai 251 of 1997;
“It is now settled that the decision whether to extend the time for appealing is essentially discretionary. It is also well stated that in general the matters which this court takes into account in deciding whether to grant an extension of time are, first the length of the delay, secondly the reasons for the delay, thirdly (possibly) the chances of the appeal succeeding if the application is granted and fourthly the degree of prejudice to the respondent if the application is granted.”
It is firmly established that although a single Judge hearing an application under rule 52 (1) of the Rules of thi…