https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1084
The application was undated and omitted the date of the judgment sought to be appealed against, making it impossible to determine the length and excusability of the delay; the Court therefore declined immediate consideration on the merits and ordered the applicant to supply the missing details within 30 days,...
Source-derived case information.
- Citation
- [2026] KECA 1084 (KLR)
- Parties
- Applicant: Daniel Mauti; Respondent: Republic
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E018 of 2026
- Procedural Posture
- Criminal Application / Application for Extension of Time to Appeal
- Outcome
- Application not determined on the merits; applicant ordered to furnish missing details within 30 days or the application stands dismissed.
- Judges
- ["JM Mativo"]
- Legal Topics
- Extension of Time to Appeal, Leave to Appeal Out of Time, Undated Application, Delay in Filing Appeal, Incomplete Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Mauti
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant provided sufficient information to enable the Court assess delay in filing the appeal out of time.
- 2 Whether the application could be considered on the merits without the date of the impugned judgment and a response from the respondent.
Ratio Decidendi
The application was undated and omitted the date of the judgment sought to be appealed against, making it impossible to determine the length and excusability of the delay; the Court therefore declined immediate consideration on the merits and ordered the applicant to supply the missing details within 30 days, failing which the application would stand dismissed.
Court Disposition
Application not determined on the merits; applicant ordered to furnish missing details within 30 days or the application stands dismissed.
Orders
- Applicant to supply the missing details within 30 days from 3 June 2026.
- If the applicant defaults, the application shall stand dismissed at the expiry of the 30-day period.
Full Case Text
Judgment text and source record
1 paragraphs
Mauti v Republic (Criminal Application E018 of 2026) [2026] KECA 1084 (KLR) (3 June 2026) (Ruling) Neutral citation: [2026] KECA 1084 (KLR) Republic of Kenya In the Court of Appeal at Nakuru Criminal Application E018 of 2026 JM Mativo, JA June 3, 2026 Between Daniel Mauti Applicant and Republic Respondent (Being an application for extension of time to appeal against the whole decision of the High Court of Kenya at Kilgoris (C. Kariuki, J.) in CRA No. E003 of 2024) Ruling 1.The application before the Court is undated. The main prayer is for leave to appeal out of time against the judgment issued in HCCRA No. E003 of 2024. The applicant has not indicated when the judgment sought to be appealed against was delivered, therefore it is not possible for me to ascertain the extent of the delay and whether it is excusable. A response from the respondent could have probably clarified the position but there is none. My request to the registry to contact the parties to provide the missing crucial details have yielded no results. Accordingly, I order the applicant to supply the missing details within 30 days from today after which the application will be considered on merit, in default, the application shall stand dismissed at the expiry of the said period. DATED AND DELIVERED AT NAKURU THIS 3RD DAY OF JUNE, 2026.J. MATIVO................................ JUDGE OF APPEALI certify that this is a true copy of the original.Signed.DEPUTY REGISTRAR