https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1393

Wanjohi v Republic (Criminal Application E025 of 2026) [2026] KECA 1393 (KLR) (3 July 2026) (Ruling) Neutral citation: [2026] KECA 1393 (KLR) Republic of Kenya In the Court of Appeal at Nyeri Criminal Application E025 of 2026 LA Achode, JA July 3, 2026 Between Josephine Gitahi Wanjohi Applicant and Republic Respondent (An application for extension of time to appeal from the Judgment of the High Court of Kenya at Nanyuki (Ndung’u J.) delivered on 22nd May, 2025 in HCCR Case No. E001 of 2024) Ruling 1.By a Notice of Motion dated 14th April, 2026, brought pursuant to rules 12 and 40 of Court of Appeal Rules, 2022, the applicant, Joseph Gitahi Wanjohi is seeking leave to appeal out of time. The Application is premised on the grounds on the face thereof and the supporting affidavit sworn by himself dated 14th April, 2026. He wishes to appeal against the decision of Ndung’u J dated 11th July, 2024, delivered in the High Court of Kenya at Nanyuki in HCCR Case No. E001 of 2024, in which the learned Judge convicted the applicant for the offence of murder on his own plea of guilty and was sentenced to life imprisonment. 2.The applicant deposes that the delay in filing the appeal was occasioned by his continued incarceration and lack of legal knowledge and representation and difficulties in obtaining certified copies of the judgment and proceedings necessary for preparing the intended appeal. He further states that he has now received proper guidance and support and wish to pursue an appeal without any further delay. He deposes that the delay is not inordinate and that his appeal has high chances of success, and owing to the gravity of the sentence, it is in the interest of justice that this application be allowed. 3.Solomon Naulikha, the learned Senior Assistant Director of Public Prosecution filed submissions dated 4th June, 2026 on behalf of the Respondent, indicating that this application is not opposed. 4.I have considered the application and the supporting and replying affidavits. The application seeks grant of an order for extension of time to file the Notice of Appeal. The mandate to determine the application for extension of time is provided by rule 55(1) of this Court’s Rules. Section 349 of the Criminal Procedure Code provides that:“An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:“Provided that the court to which the appeal is made may for good cause admit an appeal after the period of fourteen days has elapsed, and shall so admit an appeal if it is satisfied that the failure to enter the appeal within that period has been caused by the inability of the appellant or his advocate to obtain a copy of the judgment or order appealed against, and a copy of the record, within a reasonable time of applying to the court therefor.” 5.The proviso to the foregoing section allows this Court to consider an application seeking the filing of an appeal out of time, if the Applicant demonstrates that the inability to file the appeal was caused by late supply of a copy of the judgment, or order appealed against. The yardstick is; ‘for good cause’. In ascertaining good cause, the court should be satisfied that failure to enter appeal in time was caused by inability to obtain judgment or order or record thereof within the prescribed time, that is, fourteen days. 6.The Applicant bears the burden to lay the basis for the Court to exercise its unfettered discretion to extend the time for the filing of his appeal. The Court in ODPP v Mbugua & 6 others (Civil Application E110 of 2023) [2023] KECA 858 (KLR), held as follows:“It is now settled that the Court has unfettered discretion to extend time for the filing of a notice of appeal or record of appeal, but that the DPP must lay the basis for the exercise of the Court’s discretion by establishing that the delay in filing the appeal or record of appeal was not inordinate; that there was a good explanation for the delay; and that the application for extension of time has been made without delay” 7.The applicant’s basis for this application is that he was not supplied with a copy of the judgment to enable him appeal in time. Further that he was serving a custodial sentence and he did not have an advocate who could appeal on his behalf. The application is not opposed. 8.Consequently, I find that the Applicant has met the requirements for an order of extension of time to issue and allow the application dated 14th April 2026, with no orders as to costs.It is so ordered. DATED AND DELIVERED AT NYERI THIS 3RD DAY OF JULY, 2026.L. ACHODE………………………JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR