RULING
By Notice of Motion dated 24th October, 2013, the applicant is seeking leave for extension of time to file and serve the memorandum of appeal and record of appeal against the ruling delivered by Hon. Justice Makhandia J. (as he then was) on 27th September 2009. The application is brought under Rule 4 of the Rules of this Court. It is evident from the application that a period of over 4 years has elapsed since judgment by the High Court. It is incumbent upon the applicant to explain the reasons for delay in making the application for extension and filing the memo and record of appeal.
The decisive issue in this application is whether the applicant has given satisfactory explanation for the delay. The affidavit in support of the Notice of Motion is deposed to by Samuel N.M. Wanjau, the applicant herein. The grounds in support are that the delay in filing the memorandum and record of appeal was inadvertent and the said delay is not inordinate. The applicant states that the said appe…