IA alias A v Republic (Criminal Application E025 of 2026) [2026] KECA 1185 (KLR) (19 June 2026) (Ruling)

IA alias A v Republic (Criminal Application E025 of 2026) [2026] KECA 1185 (KLR) (19 June 2026) (Ruling) Neutral citation: [2026] KECA 1185 (KLR) Republic of Kenya In the Court of Appeal at Nakuru Criminal Application E025 of 2026 MB Kairaria, JA June 19, 2026 Between IA alias A Appellant and Republic Respondent (An Application for extension of time to lodge an appeal out of time from the judgement of the High Court of Kenya at Narok [F. Gikonyo, J.] delivered on 2nd March 2023 in HCCR. A No. 19 of 2020 Criminal Appeal 19 of 2020 ) Ruling 1.IA Alias A [the applicant] was charged and convicted of the offence of robbery with violence contrary to Section 296[2] of the Penal Code at Chief Magistrate Court at Narok in Cr. Case No. 568 of 2016. Following the conviction the applicant was sentenced to death. Being aggrieved by the conviction and sentence he mounted an appeal at the High Court vide Narok High Court Criminal Appeal No. 19 of 2020. His appeal to the High Court was dismissed by F.Gikonyo J in a judgement delivered on 2nd March, 2023. 2.The applicant is aggrieved by the dismissal of his first appeal by the High Court and desires to appeal to the Court of Appeal but did not file an appeal against that decision within the prescribed period due to what he says were circumstances beyond his control. He still desires to appeal and has brought the notice of motion application dated 3rd May 2026 in which he urges the Court to grant him leave to lodge an appeal out of time against the judgement delivered in Narok High Court No. 19 of 2020 dismissing his appeal and upholding both the conviction and death sentenced passed by the Chief Magistrate’s Court at Narok. 3.The application is based on the grounds that; he was wrongly convicted of the offence of robbery with violence and sentenced to death by the trial court; his appeal to the High Court was dismissed and the conviction and sentence upheld; he desires to exercise his constitutional right of appeal to the Court of Appeal; his intended appeal raises arguable points of law and facts with high chances of success such as whether the judge properly evaluated the record and whether the sentence imposed and upheld was excessive in the circumstances. 4.In his affidavit in support the applicant says he was unable to file the appeal within the statutory period due to delay by the High Court in the transmission of the typed proceedings and copy of judgement. He adds that the said delay was not deliberate but was occasioned by circumstances beyond his control. Finally, he contends that the respondent will not be prejudiced if the extension sought granted and pleads that it is in the interest of justice that he is granted the extension of time to appeal against his conviction and sentence. 5.The respondent does not oppose the application. Mr. A. J Omutelema Learned Senior Assistant Director of Public Prosecutions, quite properly concedes the application in his written submissions dated 12th May, 2026 after taking into account the fact the death sentence imposed on the applicant is both heavy and grave. He submitted that that the Court has jurisdiction under Rule 4 of the Court of Appeal Rules, to enlarge time prescribed by the Rules and it is within my discretion to allow or disallow the application taking into account the principles set in Nicholas Kiptoo Arap Korir Salat vs, IEBC & 7 Others [2014] eKLR], Leo Sila Mutiso vs. Hellen Wangari Mwangi [1999] 2 EA 231, Stanley Kayongi Mwenda vs. Cyprian Kubai[2000] eKLR and Fakr Mohammed vs. Joseph Mugambi & 2 thers [2005] eKLR. 6.I have considered the application for extension of time to lodge the appeal, the grounds and affidavit in support thereof, the concession by the respondent and I am persuaded that the explanation proffered by the applicant for his failure to lodge his appeal within the prescribed period is both reasonable and plausible. 7.In the upshot, I find merit in the application for extension of time and allow it on terms that, the applicant shall file the notice of appeal within seven [7] days from the date of this ruling. DATED AND DELIVERED AT NAKURU THIS 19TH DAY OF JUNE, 2026.MURUNGI B. KAIRARIA.....................JUDGE OF APPEALI certify that this is a True copy of the originalSignedDEPUTY REGISTRAR