https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1187

Mutis v Republic (Criminal Application E024 of 2026) [2026] KECA 1187 (KLR) (19 June 2026) (Ruling) Neutral citation: [2026] KECA 1187 (KLR) Republic of Kenya In the Court of Appeal at Nakuru Criminal Application E024 of 2026 MB Kairaria, JA June 19, 2026 Between Jeff Musau Mutis Appellant and Republic Respondent (An application for extension of time from the judgment of the High Court of Kenya at Nakuru (H.K Chemitei, J.) delivered in 23rd November 2022 in HCCR.A No. 42 of 2018 Criminal Case 42 of 2018 ) Ruling 1.Jeff Musau Mutiso the applicant was charged and convicted for the offence of murder contrary to Section203 as read with Section 204 of the Penal Code in Nakuru High Court Criminal Case No. 42 of 2018 in a judgement delivered on 23rd November 2022 [H.K. Chemitei J]. He was sentenced to serve twenty [20] years imprisonment for the murder of Mariam Abdalla. 2.He is aggrieved by his conviction and sentence and desires to appeal to this Court but did not file a notice of appeal and lodge his appeal within time prescribed by Rule 61[1] of the Court of Appeal Rules 2022. He has now brought the undated application in which he prays that the time to lodge the appeal be extended and or that the notice of appeal filed out of time be deemed as properly filed. 3.In the affidavit in support of his application sworn on 9th April 2026, the applicant states that he is a pauper and prays for waiver of the fees for preparation of the record of appeal. He asserts that his intended appeal has high chances. He attached a copy of the judgment sought to be appealed, a memorandum of appeal containing his proposed grounds of appeal dated 6th March 2026 in which he faults the trial court judge for among other things convicting him based on inadmissible hearsay evidence and despite what he regards as the prosecution’s failure to prove its case beyond reasonable doubt. The applicant has also attached a notice of appeal dated 6th March, 2026 which has not been lodged at the High Court. 4.The respondent does not oppose the application. Mr. A. J Omutelema Learned Senior Assistant Director of Public Prosecutions in his written submissions dated 12th May 2026 notes that the delay of three [3] years before filing the application for extension of time is inordinate but adds that the respondent does not oppose the application given that this is the applicant’s first appeal. 5.I have considered the application, the affidavit in support thereof, the concession by the respondent and the relevant case law. The only question for determination is whether based on the material presented before me I should exercise my discretion to grant the applicant extension of time to lodge his notice of appeal and the intended appeal against his conviction and sentence. The principles that guide a judge of this Court while considering an application for extension of time are well settled. Some of the factors that the Court takes into consideration include; the length of the delay, the reasons for the delay, possibly the chances of the appeal succeeding and possible prejudice that is likely to be suffered by the respondent in the event that the extension sought is granted. [ See Leo Sila Mutiso vs. Hellen Wangari Mwangi [1999] 2 EA 231. 6.The applicant does not directly state the reasons for the delay but from a reading of his supporting affidavit I get the sense that he is obliquely blaming his economic circumstances for his predicament. I also note that the applicant has obtained a copy of the judgment sought to be appealed, prepared a notice of appeal and formulated grounds of appeal. The applicant is already serving a twenty[20] year jail term and the respondent who concedes to the application will not be prejudiced in anyway if the applicant is granted an opportunity to challenge his conviction and sentence before this Court. 7.Accordingly, I allow the application for extension of time to file his notice of appeal and appeal against the judgement dated 23rd November, 2022 [Chemitei J] in Nakuru HCCR Case No. 42 of 2018 on the following terms; the applicant shall file his notice of appeal within seven[7] Days from the date of this ruling. DATED AND DELIVERED AT NAKURU THIS 19TH DAY OF JUNE, 2026.MURUNGI B. KAIRARIA.......................JUDGE OF APPEALI certify that this is a True copy of the originalSignedDEPUTY REGISTRAR