R U L I N G
1. This is an application under Rule 4 of this Court’s Rules. It seeks two orders namely that this Court do extend time within which to file and serve the record of appeal and that the costs of this application abide by the outcome of appeal. The practice of this court concerning applications under Rule 4 is for the court to consider the following factors:
(a) length of delay
(b) reasons for the delay
(c) the chances of the appeal succeeding if the application is granted and
(d) the degree of prejudice to the respondent if the application is granted.
2. The substance of an application for leave to extend time is to place sufficient material before the single judge and to explain the reasons for delay in filling the notice or record of appeal within time. In the case of Paul M. Waweru and 2 others {2003} KLR 361, it was stated:
This is a matter in which the learned single Judge was called upon to exercise his unfettered discretion under Rule 4 of the Rules of this Court. All that …