[2025] KECA 618 (KLR)
The Court found that the applicant's explanation for the delay—being incarcerated and unable to obtain certified typed copies of the proceedings and judgment—was reasonable. The Court recognized that physical incarceration can impede timely pursuit of appeal processes. Furthermore, given the seriousness of the...
Source-derived case information.
- Citation
- [2025] KECA 618 (KLR)
- Parties
- Applicant: Godfrey Munene Namasaka; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E146 of 2024
- Procedural Posture
- Criminal Application / Application for Extension of Time to Appeal
- Outcome
- application allowed
- Judges
- LK Kimaru
- Legal Topics
- Extension of Time, Right of Appeal, Procedural Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Godfrey Munene Namasaka
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing the appeal out of time.
- 2 Whether the applicant should be granted leave to file an appeal out of time under Rule 4 of the Court of Appeal Rules, 2022.
Ratio Decidendi
The Court found that the applicant's explanation for the delay—being incarcerated and unable to obtain certified typed copies of the proceedings and judgment—was reasonable. The Court recognized that physical incarceration can impede timely pursuit of appeal processes. Furthermore, given the seriousness of the charge (murder) and the potential consequences (death or life imprisonment), the Court held that the applicant should be afforded the opportunity to exercise his constitutional right of appeal. The Court thus exercised its discretion under Rule 4 of the Court of Appeal Rules, 2022 to allow the application and grant leave to file the appeal out of time.
Court Disposition
application allowed
Orders
- The applicant is granted leave to lodge his appeal out of time.
- The notice of appeal shall be filed and served within fourteen (14) days from the date of the ruling.
Full Case Text
Judgment text and source record
23 paragraphs
Namasaka v Republic (Criminal Application E146 of 2024) [2025] KECA 618 (KLR) (28 March 2025) (Ruling)
Neutral citation: [2025] KECA 618 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Criminal Application E146 of 2024
LK Kimaru, JA
March 28, 2025
Between
Godfrey Munene Namasaka
Applicant
and
Republic
Respondent
(Being an application for leave to file an appeal out of time from the Judgment of the High Court of Kenya at Bungoma (Ali Aroni, J) Dated 12th October, 2017 in HC CRA. Case No. 05 of 2009)
Ruling
1. Godfrey Munene Namasaka, the applicant herein, was tried and convicted of the offence of murder contrary to section 203 as read with section 204 of the Penal Code by the High Court sitting at Bungoma. The applicant was convicted and sentenced to suffer death on 12th October, 2017. The applicant did not lodge an appeal against that decision within the time prescribed by the Rules of this Court.
2. The applicant has now moved this Court by notice of motion essentially under Rule 4 of this Court’s Rules seeking extension of time to lodge the appeal out of time. In his submission, the applicant explained that he was prevented from filing the appeal in time due to the fact that he was unable to obtain the certified typed copies of the proceedings in time. The applicant urged the Court to grant him the requisite leave so that he can exercise his right of appeal. He has annexed a copy of his draft memorandum of appeal, which in his view, is meritorious and he should be allowed to ventilate before this Court.
3. The application is opposed. The respondent submitted that the period of six (6) years delay was inordinate. No sufficient reasons had been put forward why the applicant delayed in lodging his appeal before this Court during the intervening period. The respondent urged the Court to disallow the application.
4. The applicant’s application essentially seeks to invoke this Court’s jurisdiction under Rule 4 of the Court of Appeal Rules, 2022. Under the said Rule, this Court has unfettered discretion to extend time for any steps to be taken within the period stipulated by the said Rules. The applicant explained that he was prevented from lodging the appeal in time due to the fact that he was not able to get certified typed copies of the proceedings and judgment in time. The respondent is not convinced by this explanation. They are of the view that that the period of delay is inordinate.
5. This Court is, however, persuaded by the reason given by the applicant for the delay in lodging the appeal in time. Being incarcerated in Prison, it is more likely than not that he was hampered physically from pursuing the typing and the certification of the proceedings so that the same may be ready to enable him lodge the appeal in time. Secondly, this Court is of the view that the applicant should be given a chance to ventilate his constitutional right of appeal before this Court in light of the fact that he is facing a serious charge that may result in death or incarceration for life.
6. In the premises therefore, the application is hereby allowed. The applicant is hereby granted leave to lodge his appeal out of time. The notice of appeal shall be filed and served within fourteen (14) days of today’s date.
7. It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 28TH DAY OF MARCH,2025. L. KIMARU……………… .……….JUDGE OF APPEALI certify that this is a true copy of original.DEPUTY REGISTRAR