RULING OF THE COURT
After hearing an application under rule 4 of the Rules of this Court for extension of time to file a notice of appeal and an appeal, the learned single judge, Kwach, JA, declined to grant the extension. The applicant was dissatisfied with the decision and hence the reference before us. His submission is that he has an automatic right of appeal against the decision intended to be appealed against.
From what we can glean from the applicant's affidavit in support of the application for extension of time, he was the unsuccessful party in Kakamega High Court Civil Case No. 310 of 1988 (OS). He was aggrieved and appealed against that decision. However, his appeal, viz Civil Appeal No. 40 of 1994, was struck out on 13th June, 1995 because the record of appeal did not include a certified copy of the decree appealed against as is mandatorily required by rule 85 (1) (h) of the Rules of this Court. It, therefore, meant that the applicant had to restart the appeal process; hence…