Robert alias Dan Nyanchiro v Republic (Criminal Application E034 of 2026) [2026] KECA 1436 (KLR) (10 July 2026) (Ruling)
The applicant satisfactorily explained the delay: he was incarcerated, self-represented, had attempted to file a notice of appeal through prison officers, and the failure to transmit the notice was outside his control. The delay was not inordinate, the application was unopposed, and the court exercised its...
Source-derived case information.
- Citation
- [2026] KECA 1436 (KLR)
- Parties
- Applicant: Brian Kaiser Robert alias Dan Nyanchiro; Respondent: Republic
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E034 of 2026
- Procedural Posture
- Criminal Application for Leave to Appeal Out of Time / Ruling
- Outcome
- Application allowed
- Judges
- ["EC Mwita"]
- Legal Topics
- Extension of Time, Leave to Appeal Out of Time, Notice of Appeal, Delay in Filing Appeal, Incarcerated Self Represented Litigant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Kaiser Robert alias Dan Nyanchiro
Applicant
Republic
Respondent
Procedural Posture
Criminal Application for Leave to Appeal Out of Time / Ruling
Legal Issues
- 1 Whether the applicant had sufficient cause for enlargement of time to lodge an appeal out of time.
- 2 Whether the delay in filing the appeal was inordinate.
- 3 Whether the respondent would suffer prejudice if time was extended.
Ratio Decidendi
The applicant satisfactorily explained the delay: he was incarcerated, self-represented, had attempted to file a notice of appeal through prison officers, and the failure to transmit the notice was outside his control. The delay was not inordinate, the application was unopposed, and the court exercised its discretion to enlarge time.
Court Disposition
Application allowed
Orders
- Time for filing the appeal enlarged.
- Applicant granted leave to file a notice of appeal within 14 days.
Full Case Text
Judgment text and source record
1 paragraphs
Robert alias Dan Nyanchiro v Republic (Criminal Application E034 of 2026) [2026] KECA 1436 (KLR) (10 July 2026) (Ruling) Neutral citation: [2026] KECA 1436 (KLR) Republic of Kenya In the Court of Appeal at Kisumu Criminal Application E034 of 2026 EC Mwita, JA July 10, 2026 Between Brian Kaiser Robert alias Dan Nyanchiro Applicant and Republic Respondent (Being an application for leave to appeal out of time against the judgment of the High Court of Kenya at Kisii (Odera, J) dated 26th January, 2026 in HCCRC No E034 of 2023) Ruling 1.Brian Kaiser Robert alias Dan Nyanchiro, the applicant, was charged with murder before the High Court of Kenya at Kisii, tried, convicted and sentenced to 30 years imprisonment in a judgment delivered on 26th January 2026. He has now brought this application dated 10th April 2026, seeking extension of time within which to file an appeal out of time against the judgment of the High Court. 2.The application is premised on the grounds that, upon the delivery of the judgment, the appellant filed a notice of appeal on time with the help of Prison officers at the High Court in Kisii but the notice of appeal was not forwarded to this Court. He states that due to his incarceration and lack of legal representation, he was not able to follow up on the notice of appeal and, therefore, the reason for the delay in filing his appeal. He now urges that time for filing the appeal be extended. 3.The respondent though served with a hearing notice by the Court, has not filed a response to the application. The application is therefore unopposed 4.Rule 4 of the Court of Appeal Rules gives this Court discretion to extend the time limited by the Rules for the doing of any act authorized or required by the Rules. In Leo Sila Mutiso v Helen Wangari Mwangi [1999] 2 EA 231, this Court rendered itself as follows:“It is now well settled that the decision whether or not to extend the time for appealing is essentially discretionary. It is also well settled that in general the matters which this court takes into account in deciding whether to grant an extension of time are: first, the length of the delay; secondly, the reason for the delay; third, (possibly) the chances of the appeal succeeding if the application is granted: and, fourthly, the degree of prejudice to the respondent if the application is granted.” 5.The Judgment which the applicant seeks to appeal against, was delivered on 26th January 2026. The applicant states that although he filed a notice of appeal on time, the High Court at Kisii did not forward that notice to this Court which was a matter beyond the applicant’s control. 6.The applicant who is representing himself, is incarcerated and could not follow up on his notice of appeal. As a layman, he did not know the procedure for filing the notice of appeal and in any case, he had done all he could by preparing the notice of appeal with the help of Prison officers and filing at the High Court in Kisii. 7.Having considered the application and the reasons advanced for failing to file the appeal on time, considering that the application is not opposed and the applicant’s desire to appeal to this Court, as well as the fact that the judgment he intends to appeal against was delivered on 26th January 2026, the delay is not inordinate. I am satisfied that the reasons advanced for the delay in filing the notice of appeal in time have been well explained. 8.In the circumstances, I hereby allow the application dated 10th April, 2026. The time for filing appeal is hereby enlarged. The applicant is granted leave to filed a notice of appeal within 14 days. The notice of appeal shall thereafter be served within seven days of its filing. The memorandum and the record of appeal shall thereafter be filed within 30 days from the date of filing the notice of appeal. DATED AND DELIVERED AT KISUMU THIS 10TH DAY OF JULY , 2026.E. C. MWITA...............................JUDGE OF APPEALI certify that this is a true copy of original.Deputy Registrar.