https://new.kenyalaw.org/akn/ke/judgment/keca/2026/987

Rotich v Republic (Criminal Application E007 of 2026) [2026] KECA 987 (KLR) (22 May 2026) (Ruling) Neutral citation: [2026] KECA 987 (KLR) Republic of Kenya In the Court of Appeal at Nakuru Criminal Application E007 of 2026 MB Kairaria, JA May 22, 2026 Between Meshack Kipkorir Rotich Applicant and Republic Respondent (An application for extension of time from the judgment of the High Court of Kenya at Bomet (R. Korir, J.) dated 31st July 2024 in HC.CR.C NO. E042 0F 2022) Ruling 1.Meshack Kipkorir Rotich the applicant in the application dated 18th February 2026 was charged, tried, convicted and sentence to life imprisonment for the offence of defilement contrary to section 8[1] as read with section 8[2] of the sexual offences Act No. 3 of 2006 at Bomet Magistrates Court Criminal Case NO. 68 OF 2020. The applicant lodged appeal no. HCCRA NO. E042 of 2022 against both conviction and sentence at the High Court of Kenya at Bomet which was heard and dismissed by the Hon. Roselyn Korir J in a judgment delivered on 31st July 2024. 2.The applicant is dissatisfied with that decision and wishes to appeal to the Court of Appeal but he is not able to do so directly because he failed to file a notice of appeal within 14 days after delivery of the judgment as required by rule 61 of the Court of Appeal Rules 2022. 3.To remedy his default, he first made an application for extension of time dated 10th October, 2025 namely Criminal Application No. E089 OF 2025, which was struck out by Mativo JA in a ruling delivered on 12th February, 2026 with leave to the applicant to file a fresh application with full details on the date of judgement within 45 days . In his aforesaid ruling, the Learned Judge noted that the Prosecution Counsel had conceded the application but the judge was nevertheless unable to exercise his discretion in favor of the applicant as he had neither indicated the particular judge who dismissed his appeal nor the date when the judgment intended to be appealed was delivered. 4.The applicant filed the instant application dated 18th February 2026, which is 6 days after the delivery of the ruling striking out the previous application, which I note is well within the 45 days widow allowed to the applicant to institute a fresh application. The application is supported by the applicant’s undated affidavit. Essentially, the applicant replicates the contents of his previous affidavit in support of the struck out application but now provides the name of the judge who dismissed his appeal[Roselyn Korir J] and the date of delivery of judgment as 31st July, 2024. 5.The applicant avers that he did not appeal on time because he was not supplied with the judgment of the High Court to enable him formulate his appeal. In his written submissions, the applicant identifies additional reasons for the delay. They include the circumstances of his incarceration. He is serving life sentence which he contends restricts his access to legal materials, limits his ability to follow up court process by himself hence his dependency on third parties to follow up court process on his behalf. He avers it is in the interest of justice that the extension of time is granted and adds that the delay has not been inordinate when considered in the unique circumstance of this case. 6.Mr. A. J Omutelema Learned Senior Assistant Director of Public Prosecutions in his written submissions dated 17th December, 2025 notes that the delay is inordinate but does not oppose the application for extension of time taking into account the fact that the life sentence meted out against the applicant by the trial court and upheld by the High Court is considerably long. 7.I have considered the reasons given by the applicant for the delay in instituting the appeal which in my assessment are plausible. The delay has been sufficiently explained and highlights the challenges that lay convicts experience in the process of exercising their right of appeal. Consequently, I find merit in the application for extension of time dated 18th February, 2026 allow it and direct that the applicant shall file the notice of appeal within 14 days from the date of this ruling. DATED AND DELIVERED AT NAKURU THIS 22ND DAY OF MAY, 2026.MURUNGI B. KAIRARIA……………………………..JUDGE OF APPEALI certify that this is a True copy of the originalSignedDEPUTY REGISTRAR