RULING
This is a Rule 4 application seeking an extension of time for filing of Notice of Appeal and a Record of Appeal in respect of a ruling delivered on 12th November 2010 given against the applicant company. However, at the outset I think that the first prayer is misconceived in that in the supporting affidavit of Mr. Njoroge he has clearly deponed that the Notice of Appeal was filed on 18th November 2010 which is well within the fourteen days prescribed in Rule 75 (2) of this Court’s Rules. It is however apparent to me that the applicant does not depone to having served the Notice of Appeal within 7 days of lodging the Notice as stipulated in Rule 77 (1) of this Court’s Rules.
The appeal ought to have been filed 60 days after the lodging of the Notice of Appeal which according to my calculation should have been on 18th January 2011. However, perusal of the annexed certificate of delay shows that 177 days were expended in the preparation of the proceedings and it is also common groun…