https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1238
The court was satisfied that the applicant’s delay was adequately explained by incarceration and difficulty in obtaining proceedings, and because the respondent did not oppose the application, the court exercised its discretion to extend time and allow the application.
Source-derived case information.
- Citation
- [2026] KECA 1238 (KLR)
- Parties
- Applicant: Jackson Cheruiyot Kirui; Respondent: Republic
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E038 of 2026
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal Out of Time
- Outcome
- Application allowed
- Judges
- ["MB Kairaria"]
- Legal Topics
- Extension of Time, Notice of Appeal, Delay in Filing Appeal, Discretion of the Court, Incarceration as Explanation for Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Cheruiyot Kirui
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal Out of Time
Legal Issues
- 1 Whether the applicant had sufficient cause to warrant extension of time to file a notice of appeal out of time.
- 2 Whether the delay was satisfactorily explained.
Ratio Decidendi
The court was satisfied that the applicant’s delay was adequately explained by incarceration and difficulty in obtaining proceedings, and because the respondent did not oppose the application, the court exercised its discretion to extend time and allow the application.
Court Disposition
Application allowed
Orders
- Time to file the notice of appeal out of time extended.
- The respondent shall file the notice of appeal within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
1 paragraphs
Kirui v Republic (Criminal Application E038 of 2026) [2026] KECA 1238 (KLR) (1 July 2026) (Ruling) Neutral citation: [2026] KECA 1238 (KLR) Republic of Kenya In the Court of Appeal at Nakuru Criminal Application E038 of 2026 MB Kairaria, JA July 1, 2026 Between Jackson Cheruiyot Kirui Applicant and Republic Respondent (An application for extension of time from the judgment of the High Court of Kenya at Narok (Kiarie, J.) in HC.CR.A NO. E011 0F 2024) Ruling 1.I have considered the Applicant's notice of motion application dated 5th June, 2026, together with the affidavit of Jackson Cheruiyot Kirui [the applicant] and his written submissions of even date. The application seeks extension of time to file notice of appeal out of time to enable the applicant pursue his appeal against the judgement in Narok HCCRA No. E 011 of 2024. He explains that he was unable to file his appeal in time due to the fact of his incarceration and delay in obtaining copies of the record of proceedings from the first appellate court. 2.The Respondent does not oppose the application and in fact concedes the extension sought in the written submissions dated 28th June, 2026. I am satisfied by the explanation given for the delay and in the absence of opposition by the Respondent, I am inclined to exercise my discretion in favour of the applicant and grant him extension of time. Accordingly, I find merits in the application dated 5th June, 2026 and allow it. I direct that the Respondent shall file his notice of appeal within 14 days from today.Orders Accordingly. DATED AND DELIVERED AT NAKURU THIS 1ST DAY OF JULY, 2026.MURUNGI B. KAIRARIA……………………………JUDGE OF APPEALI certify that this is a True copy of the originalSignedDEPUTY REGISTRAR