Njau v Republic (Criminal Application E004 of 2026) [2026] KECA 859 (KLR) (30 April 2026) (Ruling)
The applicant demonstrated sufficient cause and the respondent conceded; guided by Rule 4 and interests of justice, extension of time was granted.
Source-derived case information.
- Citation
- [2026] KECA 859 (KLR)
- Parties
- Applicant: Anthony Ndichu Njau; Respondent: Republic
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E004 of 2026
- Procedural Posture
- Criminal Application / Ruling on Application for Extension of Time
- Outcome
- application allowed
- Legal Topics
- Extension of Time, Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Ndichu Njau
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted extension of time to file appeal
Ratio Decidendi
The applicant demonstrated sufficient cause and the respondent conceded; guided by Rule 4 and interests of justice, extension of time was granted.
Court Disposition
application allowed
Orders
- Applicant granted leave to file notice of appeal and petition of appeal out of time
- Applicant to file notice of appeal within 14 days
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL AT NAKURU CORAM: MATIVO, JA (IN CHAMBERS) CRIMINAL APPLICATION NO. NAK. E004 OF 2026 BETWEEN ANTHONY NDICHU NJAU.................................APPLICANT AND REPUBLIC..................................................RESPONDENT (Being an application for extension of time against the conviction and sentence of the High Court of Kenya at Nakuru (Meoli, J.) dated 5th October 2017 in CRA No. 14 of 2016). ********** RULING 1. By an order dated 26th November 2024, this Court (Warsame, Mativo & Gachoka JJA) noted that the applicant was yet to file his appeal and directed that his application for extension of time be listed for hearing. The applicant is now before me vide an application dated 8th January 2026 in which he seeks extension of time to file his appeal out of time. His grounds are that he tried to appeal several times without success. 2. The respondent in its submissions dated 27th April 2026 has conceded to the application. Page 1 of 2 3. I have carefully considered the application. Guided by the provisions of Rule 4, decided cases and the interests of justice, I see no reason to deny the applicant the reliefs sought. Consequently, I grant the applicant leave to file his notice of appeal and petition of appeal out of time. The applicant is directed to file his notice of appeal within the next 14 days from today and his record of appeal within 45 days from today. Dated and delivered at Nakuru this 30th day of April, 2026. J. MATIVO ............................ .... JUDGE OF APPEAL I certify that this is a true copy of the original. Signed. DEPUTY REGISTRAR Page 2 of 2