RULING
1. In an intended appeal from the judgment of the High Court (Muigai J) in H.C.C.C. No.245 of 2015, the applicant, Wakaba Ndegwa, applied to this court on 17th December 2015 by way of notice of motion seeking extension of time to file memorandum and Record of Appeal out of time stipulated by the Court of Appeal Rules. The application is predicated on rule 4 of the Court of Appeal Rules. The rule states –
“4. The Court may, on such terms as it thinks just, by order extend the time limited by these Rules, or by any decision of the Court or of a superior court, for the doing of any act authorized or required by these Rules, whether before or after the doing of the act, and a reference in these Rules to any such time shall be construed as a reference to that time as extended.
2. As the judgment intended to be appealed against was delivered on 12th June 2015, the applicant should in compliance with rule 81 (1) of the Rules of this Court have instituted the appeal by lodging in the Cour…