Karanja v Republic (Criminal Application E023 of 2026) [2026] KECA 1186 (KLR) (19 June 2026) (Ruling)

Karanja v Republic (Criminal Application E023 of 2026) [2026] KECA 1186 (KLR) (19 June 2026) (Ruling) Neutral citation: [2026] KECA 1186 (KLR) Republic of Kenya In the Court of Appeal at Nakuru Criminal Application E023 of 2026 MB Kairaria, JA June 19, 2026 Between John Njoroge Karanja Appellant and Republic Respondent (An application seeking leave to appeal out of time against conviction and sentence from the judgment of the High Court of Kenya at Nakuru (P. N. Gichohi, J.) delivered on 29th October 2024inHCCR.A No. E040 of 2022) Ruling 1.John Njoroge Karanja [the applicant] was convicted of the offence of defilement contrary to Section 8[1] as read with 8[4] of the Sexual Offences Act No. 3 of 2006 by the Chief Magistrate Court in Nakuru CM .Criminal Case NO. 154 of 2016 in a judgement delivered on 20th June, 2022. He was sentenced to serve fifteen [15] years imprisonment. Aggrieved by that decision the applicant appealed against both conviction and sentence in Nakuru High Court Criminal Appeal No. E040 of 2022. The appeal to the High Court was heard and dismissed with the consequence that the conviction and sentence were upheld. The applicant does not indicate the date of the judgement and the judge who dismissed his appeal at the High Court. 2.The applicant is aggrieved by the High Court decision dismissing his first appeal and upholding his conviction and sentence as handed down by the trial court. He desires to mount a second appeal to the Court of Appeal but he did not give written notice of his intention to do so and institute his appeal by filing a notice of appeal with the registrar of the superior court at Nakuru within 14 days after the date when the decision was made as prescribed by Rule 61[1] of the Court of Appeal Rules. That Rule states:“A person who desires to appeal to the Court shall give notice in writing ,which shall be lodged in six copies with the registrar of the superior court at the place where the decision against which it is desired to appeal was given, within 14 days after the date of that decision and the notice shall institute the appeal.’’ 3.The applicant has brought the application dated 16th April 2026 and principally seeks leave to file appeal out of time against his conviction and sentence as upheld by the High Court in Nakuru Criminal appeal no. E040 of 2022. Though the applicant has invoked the provisions of Articles 22, 23, 50[1], 50[2] and 159 of the Constitution of Kenya 2010 and Section 349 of the Criminal Procedure Code, the application before me is essentially one for extension of time to file a notice of appeal which foundationally institutes appeals before this Court and properly sounds under Rule 4 of the Court of Appeal Rules 2022 which provides that:“The Court may, on such terms as may be just ,by order ,extend time limited by these Rules ,or by any decision of the Court or of a superior court,for the doing of any act authorized or required by these Rules, whether before or after the doing of the act ,and a reference in these Rules to any such time shall be construed as a reference to that time as extended.’’ 4.The jurisdiction that a single judge of this Court exercises when determining an application for extension of the time prescribed by Rule 61[1] for filing a notice of appeal is conferred by Rule 4. It is a discretionary jurisdiction that is unfettered in its scope and is to be deployed and exercised judiciously to meet the ends of justice and not whimsically or capriciously. The principles that govern the exercise of that jurisdiction are now well settled and enunciated in numerous decisions of this Court including the often cited Leo Sila Mutiso vs. Rose Hellen Wangari Mwangi [1999] EA 231[CAK] where the Court stated:“It is now well settled that the decision whether or not to extend time for appealing is essentially discretionary. It is also well settled that in general the matters which this Court takes into account in deciding whether to grant an extension of time are ;first the length of delay, secondly the reason for the delay ,thirdly the [possibly] the chances of the appeal succeeding if the application is granted ;and,fourthly ,the degree of prejudice to the Respondent if the application is granted .’’ 5.The law does not of course set maximum or minimum periods of delay but the reasons for the delay must be reasonable and plausible. [see Anti-Counterfeit Authority vs. Francis Wanyange & 6 Others] Nai. Civ. Appl. No. 147 of 2019.[2021] eKLR and Andrew Kiplagat Chemaringo vs.Paul Kipkorir Kibet [2018] eKLR where it was stated:“The law does not set out minimum or maximum period of delay. all it states is that any delay should be satisfactorily explained . A plausible and satisfactory explanation for the delay is the key that unlocks the Court’s flow of discretionary favour. There has to be a valid and clear reasons, upon which discretion can be favourably exercisable.’’ 6.The reason given by the applicant for the delay at paragraph 2 and 3 in his affidavit dated 16th April 2026 is basically that he was let down by his relatives who promised to engage a lawyer to assist him file the appeal but failed to do so. Where material he asserts as follows:“2.That being further dissatisfied by the decision of the first appellate court, I expressed my desire to file an appeal against it to my relatives who promised to contact a lawyer for me to assist in the same;3.That it has come to my attention with utter shock that my relatives did not contact a lawyer to file an appeal on my behalf on my behalf.’’ 7.I am persuaded that it is plausible that the applicant who is in prison serving his sentence relied on his relatives to engage an advocate to take up the matter and lodge the appeal on his behalf. Consequently I am inclined to exercise my discretion favourably towards the applicant’s plea for extension of time to file his appeal out of time. 8.In the upshot, I find merit in the application dated 16th April, 2026 and allow it. The period for filing the notice of appeal is hereby extended and the applicant is granted seven [7 ] days from the date of this ruling to file his notice of appeal. DATED AND DELIVERED AT NAKURU THIS 19TH DAY OF JUNE, 2026.I certify that this is a True copy of the originalSignedDEPUTY REGISTRARMURUNGI B. KAIRARIA……………………………..JUDGE OF APPEAL