Bondo Godfrey J. Obiero v Teachers Service Commision

The single Judge of Appeal identified the length of the delay (two days) and its explanation (the Idd ul Fitr holiday, which interrupted the applicant's efforts to serve the notice of appeal in time). On those facts, with no competing consideration recorded, he was satisfied the case was proper for an exercise of the unfettered rule 4 discretion. The disposition followed immediately: the application was allowed, time was extended by granting leave to serve within seven days, and costs were reserved to the intended appeal rather than awarded against any party.

The ruling proceeds on the premise that an extension-of-time application turns on whether the delay is explained. Two facts were found: the delay was only two days, and a public holiday intervened before service could be effected. The explanation was accepted on the face of the ruling, with no opposing material recorded and no canvass of the intended appeal's merits. The decision illustrates that logistical impediments such as public holidays are recognised explanations for short delays in appellate procedure, although the ruling is too brief to articulate a general test or to weigh factors such as prejudice.