Ndungu v Republic (Criminal Application E039 of 2026) [2026] KECA 1265 (KLR) (1 July 2026) (Ruling)
The Court found that the applicant's incarceration and reliance on relatives sufficiently explained the delay, and because the respondent did not oppose the application, the Court exercised its discretion to extend time for filing the notice of appeal.
Source-derived case information.
- Citation
- [2026] KECA 1265 (KLR)
- Parties
- Applicant: Benard Ndungu; Respondent: Republic
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E039 of 2026
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- Application allowed
- Judges
- ["MB Kairaria"]
- Legal Topics
- Extension of Time, Notice of Appeal, Delay in Filing Appeal, Discretion of the Court of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Ndungu
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether time should be extended to allow the applicant to file a notice of appeal out of time.
- 2 Whether the delay was inordinate and sufficiently explained.
Ratio Decidendi
The Court found that the applicant's incarceration and reliance on relatives sufficiently explained the delay, and because the respondent did not oppose the application, the Court exercised its discretion to extend time for filing the notice of appeal.
Court Disposition
Application allowed
Orders
- Time for filing the notice of appeal extended.
- Applicant to file notice of appeal within 14 days from 1 July 2026.
Full Case Text
Judgment text and source record
1 paragraphs
Ndungu v Republic (Criminal Application E039 of 2026) [2026] KECA 1265 (KLR) (1 July 2026) (Ruling) Neutral citation: [2026] KECA 1265 (KLR) Republic of Kenya In the Court of Appeal at Nakuru Criminal Application E039 of 2026 MB Kairaria, JA July 1, 2026 Between Benard Ndungu Applicant and Republic Respondent (An application for extension of time from the judgment of the High Court of Kenya at Narok (S. M. Mohochi, J.) delivered on 23rd February 2026 in HC.CR.A NO. E001 0F 2022) Ruling 1.I have considered the Applicant's Notice of Motion application dated 8th June, 2026 together with the affidavit of Bernard Ndungu [the applicant] in support of the motion. The applicant seeks extension of time to file an appeal against the judgement delivered on 23rd February 2026 by Mohochi J in Nakuru High Court Criminal Appeal No. E 001 of 2022. He contends that the delay instituting his appeal is not inordinate and was occasioned by the fact of his incarceration and his reliance on his relatives to assist him. 2.I have also considered the Respondent's written submissions dated 29th June 2026 and note that the Respondent does not oppose the request for extension of time. Upon considering the grounds of the application, the reasons proffered for the delay and the concession by the Respondent, I am satisfied that this is a proper case for exercise of my discretion to extend time to appeal as sought by the applicant. 3.In the premises, I allow the application for extension of time dated 8th June, 2026 and direct that the applicant shall file his notice of appeal within 14 days from today.Orders accordingly. DATED AND DELIVERED AT NAKURU THIS 1ST DAY OF JULY, 2026.MURUNGI B. KAIRARIA……………………………JUDGE OF APPEALI certify that this is a True copy of the originalSignedDEPUTY REGISTRAR