RULING
Mwangi Kinyua, the applicant, has moved this Court by motion on notice dated 2nd February, 2008, for an order that I exercise my discretion under rule 4 of the Rules of this Court and extend the time within which to apply under rule 96 (1) of the said Rules for substitution of Waweru Kinyanjui as respondent in Civil Appeal No. 303 of 2000. The appeal is pending before this Court with the applicant as the appellant and Waweru Kinyanjui and four others as respondents. Waweru Kinyanjui died on 29th August 2004, during the pendency of the aforesaid appeal. By dint of the provisions of rule 96(2), above, that appeal abated, after the expiry of twelve months from the date of death. This Mr. Kahiga Waitindi, Counsel on record for the applicant, conceded, but he argued that the abatement notwithstanding, the Court has jurisdiction under rule 4 of the Court of Appeal Rules, to extend time even after the expiry of the time stipulated for doing any act or taking any step in an appeal.
The a…