RULING
The application before me seeks an order under Rule 4 of the rules of this Court for extension of time within which a notice of appeal may be filed and served. It also seeks enlargement of time for filing a record of appeal to challenge a decision of the superior court. It is not clear when the decision of the superior court was made but the applicant swears it was on 3rd January, 2005 although the application alludes to 31st January, 2005. The application was not filed until 15th April, 2005.
As I stated in Fakir Mohamed v. Joseph Mugambi and 2 Others, Civil Application No. NAI. 332/04 (NYR.32/04) (UR):-
“The exercise of this Court’s discretion under Rule 4 has followed a well-beaten path since the stricture of “sufficient reason” was removed by amendment in 1985. As it 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 reason for the delay, (possibly) the chances of the appeal succeeding if th…