MICHAEL WAMBUA MULWA & ANOR. V. JACKSON MUISYO MULWA & ANOR.

RULING

1. I have before me a Notice of Motion dated 20th August, 2021 brought under Article 48 & 159 of the Constitution of Kenya, 2010, Section 3A & 3B of the Appellate Jurisdiction Act and Rule 4 of this Court’s Rules seeking an order granting leave to the applicant to file a notice of appeal and further that the notice of appeal lodged in Court on 2nd August, 2021 is hereby deemed properly on record.

2. The singular ground in support of the motion for extension of time in the affidavit dated 20th August, 2021 is that he delay in filing the notice of appeal on time was as a result of the applicants’ inability to raise legal and court fees to lodge the same within the legal timelines.

3. As the exercise of this Court’s discretion under Rule 4 is unfettered, there is no limit to the number of factors the court would consider so long as they are relevant. The period of delay, the reasons for the delay, the degree of prejudice to the respondent, and (possibly) the chances of the appeal succeeding i…