Sanlam Insurance Limited (formerly Known As Pan Africa Insurance Ltd) & 1 other v Linda Were & 1 other

3. Rule 4 of this Court’s Rules vests in this Court wide and unfettered discretion to extend time, which discretion must be exercised judiciously. 4. In Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others [2014] eKLR, the Supreme Court set out the guiding principles for extension of time, including length of delay, reason for delay, prejudice to the respondent, and whether the application has been brought without undue delay. 5. Similarly, in County Executive of Kisumu v County Government of Kisumu & 8 Others [2017] eKLR, the Supreme Court reafirmed that extension of time is an equitable remedy to be granted on a caseby-case basis. 6. This Court in Leo Sila Mutiso v Hellen Wangari Mwangi [1999] 2 EA 231) and Stanley Kang’ethe Kinyanjui v Tony Ketter & 5 Others [2013] eKLR has emphasized the importance of considering length of delay, reason for delay, arguability of appeal, and prejudice. 7. The delay herein is three (3) days. In the circumstances of this case, I find that such delay is minimal and cannot be considered inordinate. 8. The explanation offered relates to system outage affecting the Judiciary e-filing platform. The applicants demonstrated diligence by completing preparation of the Record within time and attempting to upload it promptly. 9. There is no material to suggest that the intended appeal is frivolous. 10. The application is unopposed. No prejudice has been demonstrated that cannot be compensated by costs. 11. Considering the minimal delay, the satisfactory explanation, absence of prejudice, and the overriding objective under Sections 3A and 3B of the Appellate Jurisdiction Act, this Court is satisfied that the applicants have laid a proper basis for the exercise of discretion. 12. Accordingly, I direct that: a. Time is hereby extended for the applicants to lodge and serve the Record of Appeal. b. The Record of Appeal dated 10th July 2025 and lodged on 15th July 2025 is deemed as duly filed and properly on record. c. Counsel for the applicant to serve the record of appeal on the respondents’ counsel within seven (7) days from the date of this ruling. d. The costs of this application shall abide the outcome of the appeal. DATED AND DELIVERED AT NAIROBI THIS 27TH DAY OF FEBRUARY, 2026 JAMILA MOHAMMED ........................ JUDGE OF APPEAL I certify that this is a true copy of the original Signed DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/keca/2026/370/eng@2026-02-27 2

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