Andolo v Republic (Criminal Application E015 of 2026) [2026] KECA 1346 (KLR) (10 July 2026) (Ruling)
The application was granted because the respondent did not oppose it and the court recognized the practical difficulties faced by a convict litigant in custody, making it necessary to facilitate access to appellate justice by deeming the appeal properly filed.
Source-derived case information.
- Citation
- [2026] KECA 1346 (KLR)
- Parties
- Appellant / Applicant: Edwin Otondi Andolo; Respondent: Republic
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E015 of 2026
- Procedural Posture
- Criminal Application for Extension of Time / Leave to Deem Notice of Appeal Properly Filed / Ruling on Motion
- Outcome
- Application granted
- Judges
- ["PO Kiage"]
- Legal Topics
- Extension of Time, Deemed Filing of Notice of Appeal, Custodial Litigant Rights, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edwin Otondi Andolo
Appellant / Applicant
Republic
Respondent
Procedural Posture
Criminal Application for Extension of Time / Leave to Deem Notice of Appeal Properly Filed / Ruling on Motion
Legal Issues
- 1 Whether time should be extended for the applicant to lodge his appeal
- 2 Whether the notice of appeal should be deemed properly filed
- 3 Whether the court should grant relief in light of the applicant's custodial status and the respondent's non-opposition
Ratio Decidendi
The application was granted because the respondent did not oppose it and the court recognized the practical difficulties faced by a convict litigant in custody, making it necessary to facilitate access to appellate justice by deeming the appeal properly filed.
Court Disposition
Application granted
Orders
- The motion was granted.
- The applicant's appeal was deemed to be properly filed.
Full Case Text
Judgment text and source record
1 paragraphs
Andolo v Republic (Criminal Application E015 of 2026) [2026] KECA 1346 (KLR) (10 July 2026) (Ruling) Neutral citation: [2026] KECA 1346 (KLR) Republic of Kenya In the Court of Appeal at Nairobi Criminal Application E015 of 2026 PO Kiage, JA July 10, 2026 Between Edwin Otondi Andolo Appellant and Republic Respondent (An appeal from the judgment of the High Court of Kenya at Nairobi (Muchemi, J.) dated 29th May 2025 in Criminal Appeal No. E015 of 2024) Ruling 1.By an undated motion but which was forwarded by the officer in charge Kamiti Medium Prison on 2.2.26, the applicant, Edwin Otondi Andolo prays for extension of time to lodge his appeal and or/that his notice of appeal be deemed to be properly filed with leave of the Court. 2.The motion is supported by the applicant’s affidavit said to be sworn on 9th April 2026 before the Chief Magistrate at the Kahawa Law Courts. 3.The Republic has indicated, via a letter from the Office of the Director of Public Prosecutions dated 30.6.26, under the hand of Ms. Proscovia Vitsengwa, the learned Prosecuting Counsel addressed to the Registrar of this Court, that it does not oppose the application. 4.In the circumstances, and being in mind the challenges and difficulties that a convict litigant serving a custodial sentence labours under, and so as to give effect to his right to pursue appellate justice, the motion is hereby granted. 5.Accordingly, the applicant’s appeal is hereby deemed to be properly filed. DATED AND DELIVERED AT NAIROBI THIS 10TH DAY OF JULY, 2026.P. O. KIAGE...................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDeputy Registrar