RULING ON REFERENCE TO FULL COURT
Kerescent Masinde went before a single member of this Court under Rule 4 of the Rules asking for extension of time to file the notice of appeal and the record of appeal outside the time allowed by the rules. The judgment Masinde wanted to appeal against was delivered by the High Court at Kakamega (Kariuki J) on 11th March, 2005. It appears that at the conclusion of the hearing of the appeal in the superior court, the Judge had reserved judgment to a specified date but on that date judgment was not delivered and the parties were informed that judgment would be delivered upon notice to them. Masinde and his two opponents Concepta Namaemba Masinde, the first respondent, and her son Charles Masinde Milimo, the second respondent, were represented by counsel. Masinde contended before the single Judge that he did not know of the delivery of judgment until 27th January, 2006 when he went to check with the Court at Kakamega. Though the learned single Judge of t…