RULING
The motion dated 25th August, 2008 and lodged in the Court on 28th August, 2008 is brought under Rule 4 of the Court’s Rules and while the discretion of a single Judge of the Court is unfettered under that rule, the Court itself has, over the years developed certain perimeters within which that discretion is to be exercised. Those perimeters are well known. Let me cite a few authorities setting out those perimeters. In LEO SILA MUTISO v. ROSE HELLEN WANGARI MWANGI, Civil Application No. NAI. 255 OF 1999 (unreported) the Court declared:-
“It is now well settled that the decision whether or not to extend the time for appealing is essentially discretionary. It is also well settled 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 reason for the delay; thirdly (possibly) the chances of the appeal succeeding if the application is granted; and, fourthly, the degree of prej…