This is an application under Rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal, and record of appeal, from the ruling and order of the Industrial Court (P. K. Kosgei, J.) dated 21st July, 2011. The application is supported by two affidavits, one sworn by Milcah Mugo on 21st September, 2011, and another sworn by Marion Karanja, learned counsel for the applicant, also sworn on 21st September, 2011.
The ruling in the case before the Industrial Court was delivered on 21st July, 2011. However, the applicant and her counsel say in their depositions, that neither of them were informed of the date the ruling of the Industrial Court would be delivered, and that the same was delivered in their absence, and without their knowledge. They found out about the delivery of the ruling on 5th September, 2011 and filed this application on 22nd September, 2011.
These facts are not controverted as there is no replying affidavit filed. Ms. Marion Karanja, learned cou…