https://new.kenyalaw.org/akn/ke/judgment/keca/2026/867
The court exercised its discretion to extend time because the applicant was an incarcerated prisoner without legal representation seeking to challenge a conviction and life sentence, the respondent did not oppose the application, and access to appeal should not be defeated by procedural omissions where a more...
Source-derived case information.
- Citation
- [2026] KECA 867 (KLR)
- Parties
- Applicant: EL; Respondent: Republic
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E013 of 2026
- Procedural Posture
- Criminal Application for Extension of Time to File Notice of Appeal Out of Time / Ruling on Application in the Court of Appeal
- Outcome
- Application allowed
- Judges
- ["AI Hassan"]
- Legal Topics
- Extension of Time, Notice of Appeal, Defilement, Life Imprisonment, Prisoner Access to Justice, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EL
Applicant
Republic
Respondent
Procedural Posture
Criminal Application for Extension of Time to File Notice of Appeal Out of Time / Ruling on Application in the Court of Appeal
Legal Issues
- 1 Whether time should be extended to enable the applicant file a notice of appeal out of time.
- 2 Whether the applicant had shown sufficient cause for the delay.
- 3 Whether the court should exercise discretion in favour of an incarcerated unrepresented applicant.
Ratio Decidendi
The court exercised its discretion to extend time because the applicant was an incarcerated prisoner without legal representation seeking to challenge a conviction and life sentence, the respondent did not oppose the application, and access to appeal should not be defeated by procedural omissions where a more accommodating stance is justified.
Court Disposition
Application allowed
Orders
- The applicant shall file a notice of appeal within fourteen (14) days of the ruling.
- The prison authorities shall assist the applicant to ensure the notice of appeal is filed and lodged at the registry of the Court within the stipulated time.
Full Case Text
Judgment text and source record
1 paragraphs
EL v Republic (Criminal Application E013 of 2026) [2026] KECA 867 (KLR) (5 May 2026) (Ruling) Neutral citation: [2026] KECA 867 (KLR) Republic of Kenya In the Court of Appeal at Nakuru Criminal Application E013 of 2026 AI Hassan, JA May 5, 2026 Between EL Applicant and Republic Respondent (Application from a Judgment of the High Court of Kenya at Kilgoris (Charles Kariuki, J) in HCCRA No. 36 of 2023 Criminal Appeal E036 of 2023 ) Ruling 1.The applicant EL seeks extension of time to allow him to file a notice of appeal out of time against a decision of the High Court of Kenya at Kilgoris in Criminal Appeal No. 36 of 2023 which upheld his conviction and sentence for the offence of defilement. 2.The application is undated and is supported by an equally undated affidavit that is finger-printed with no clear indication that it was duly commissioned. In it, the applicant attributes the delay to the lack of an Advocate to follow up the matter, as he comes from a poor background. The Director of Public Prosecutions did not oppose the application. 3.As the applicant does not state the date of the judgment of the High Court against which he intends to appeal, I am not able to determine the length of delay. However, I am cognizant of the constraints that an incarcerated prisoner without legal representation operates under in an effort to pursue legal redress. The applicant is condemned to life imprisonment for the offence of defilement. I am inclined to adopt a more accommodating stance and to overlook omissions to enable the applicant pursue his appeal. I exercise my discretion in order to allow him to pursue his right of appeal, on sentence and conviction. 4.The Supreme Court in Salat v Independent Electoral and Boundaries Commission & 7 others (Application 16 of 2014) [2014] crystallised the principles governing extension of time as follows :-i.Extension of time being not a right of a party, but an equitable remedy that is only available to a deserving party at the discretion of the Court;ii.The party who seeks extension of time has the burden of laying a basis to the satisfaction of the Court;iii.Whether the Court should exercise the discretion to extend time is a consideration to be made on a case-by-case basis;iv.Where there is a reasonable cause for the delay, the same should be expressed to the satisfaction of the Court;v.Whether there will be any prejudice suffered by the respondents if extension is granted;vi.Whether the application has been brought without undue delay;vii.In certain cases, like election matters, public interest should be a consideration for extending time. 5.In the result, I allow the application and direct that the applicant do file a notice of appeal within fourteen (14) days of this ruling. The prison authorities should extend to the applicant such assistance as will ensure the notice is filed and lodged at the registry of this Court within the time I have stipulated. DATED AND DELIVERED AT NAKURU THIS 5TH DAY OF MAY, 2026.AHMED ISSACK............................JUDGE OF APPEALI certify that this is a true copy of the original.Signed.DEPUTY REGISTRAR