RULING
By this application expressed to be brought under rule 4 of the Court of Appeal Rules, the applicant seeks leave to file a record of appeal out of time.
Judgment the subject matter of the intended appeal was delivered on 16th November, 2004. The applicant, the unsuccessful protestor against the confirmation of the grant of Letters of Administration to the estate of the deceased Joseph Gathigo Kabuito who died intestate, being aggrieved by the said decision filed a notice of appeal on 26th November, 2004. I observe that this was done timeously.
However, it is common ground that no record of appeal was filed within the time limited by the Rules and the failure to do so has been explained by he applicant in her affidavit in support of the application as due to the fact that the superior court file could not be “traced in the registry until February, 2006” as a result of which the proceedings could not be supplied in time.
The record shows that the counsel for the applicant, in a somew…