https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1461

Wamalwa v Republic (Criminal Application E027 of 2024) [2026] KECA 1461 (KLR) (17 July 2026) (Ruling) Neutral citation: [2026] KECA 1461 (KLR) Republic of Kenya In the Court of Appeal at Eldoret Criminal Application E027 of 2024 MN Nduma, JA July 17, 2026 Between Geophrey Wanyonyi Wamalwa Applicant and Republic Respondent (Being an application for extension of time to file an Appeal out of time from the decision of the High Court of Kenya at Kitale (L. K. Kimaru, J.) delivered on 25th July, 2022 in HCCRA No. 84 of 2019) Ruling 1.Geophrey Wanyonyi Wamalwa, the applicant herein was convicted for the offence of defilement contrary to section 8(1) as read with 8(2) of the Sexual Offences Act and sentenced to serve 30 years imprisonment. He subsequently appealed in Kitale HCCRA No. 84 of 2019 and the same was dismissed on 25th July 2022. Being dissatisfied, he intends to file a second appeal to this Court which prompted the present application. 2.The undated application of May 2024 is supported by his affidavit dated 6th May 2024 where he seeks leave to appeal out of time. 3.The application came up for hearing on 9th July 2026 and was dispensed with by way of written submissions. 4.The applicant averred that, despite his intention to appeal, his family was unable to instruct an Advocate due to financial constraints. The application is not opposed by the respondents. In their written submissions, Mr. Okaka, Principal Prosecution Counsel, contends that the delay was not inordinate and urges the Court to exercise its discretion and grant the orders sought relying on the Supreme Court decision in Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet (2018) eKLR where the Court held: -“The law does not set out any minimum or maximum period of delay. All it states is that any delay should be satisfactorily explained. A plausible and satisfactory explanation is the key that unlocks the court’s flow of discretionary favour. There has to be valid and clear reasons upon which discretion can be favourably exercisable.’’ 5.Cognizant of the discretion conferred by Rule 4 of the Court of Appeal Rules, 2022, and the exercise of that discretion judiciously upon consideration of the grounds in the application by the applicant and the concession in the written submissions by the respondent, I find that, the delay of about two years, that has been satisfactorily explained by the applicant is not inordinate. 6.Accordingly, I find that the application has merit and it is hereby allowed. The applicant is granted leave to file his appeal within the prescribed period from the date of this ruling. DATED AND DELIVERED AT ELDORET THIS 17TH DAY OF JULY, 2026.NDUMA NDERI...................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDeputy Registrar