https://new.kenyalaw.org/akn/ke/judgment/keca/2026/886
The applicant failed to disclose any reason for the approximately fifteen-year delay in seeking leave to appeal out of time. Without any explanation, the Court had no basis to exercise its discretion in the applicant’s favour, so the application was dismissed.
Source-derived case information.
- Citation
- [2026] KECA 886 (KLR)
- Parties
- Applicant: Josephat Ingonga; Respondent: Republic
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E003 of 2025
- Procedural Posture
- Criminal Miscellaneous Application for Extension of Time to File Appeal / Ruling on Application
- Outcome
- Application dismissed
- Judges
- ["L Ndolo"]
- Legal Topics
- Extension of Time, Appeal Out of Time, Delay in Filing Appeal, Discretion Under Rule 4, Defilement Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephat Ingonga
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application for Extension of Time to File Appeal / Ruling on Application
Legal Issues
- 1 Whether the Court should extend time to allow the applicant to file an appeal out of time.
- 2 Whether the applicant provided a plausible and satisfactory explanation for a delay of about fifteen years.
Ratio Decidendi
The applicant failed to disclose any reason for the approximately fifteen-year delay in seeking leave to appeal out of time. Without any explanation, the Court had no basis to exercise its discretion in the applicant’s favour, so the application was dismissed.
Court Disposition
Application dismissed
Orders
- The application dated 28th August 2025 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
Ingonga v Republic (Criminal Miscellaneous Application E003 of 2025) [2026] KECA 886 (KLR) (8 May 2026) (Ruling) Neutral citation: [2026] KECA 886 (KLR) Republic of Kenya In the Court of Appeal at Eldoret Criminal Miscellaneous Application E003 of 2025 L Ndolo, JA May 8, 2026 Between Josephat Ingonga Applicant and Republic Respondent (Being an application for extension of time to file an appeal against the Judgment of the High Court of Kenya at Eldoret (F. Azangalala, J.) delivered on 20th January 2011 in HCCRA No. 97 of 2009) Ruling 1.By his application dated 28th August 2025, the applicant seeks leave to file an appeal against the judgment of the High Court at Eldoret, out of time. 2.The applicant states that he was charged with and convicted of the offence of defilement, contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. He was sentenced to life imprisonment and his appeal to the High Court was dismissed on 20th January 2011. 3.The application was heard on 30th April 2026, with the applicant appearing virtually from Naivasha Maximum Prison and learned Senior Prosecution Counsel, Mr. Okaka appearing for the respondent. 4.The respondent is opposed to the application. In its written submissions dated 29th April 2026, the respondent cites this Court’s decision in Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR where it was held that in an application for leave to file an appeal out of time, a plausible and satisfactory explanation for the delay is the key that unlocks the exercise of discretion, in favour of the applicant. 5.In Mukunza v Republic [2026] KECA 293 (KLR) it was affirmed that although the discretion to extent time under rule 4 of the Court of Appeal Rules is wide, the Court must take into account the length of and the reason for the delay. 6.In his application, the applicant does not disclose any reason for the delay, which spans over a period of close to fifteen (15) years. In the circumstances, the Court has no basis upon which it could possibly exercise discretion in favour of the applicant. 7.The application dated 28th August 2025, is therefore dismissed with no order for costs. DATED AND DELIVERED AT ELDORET THIS 8TH DAY OF MAY, 2026.L.M. NDOLO................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDeputy Registrar