https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13026
The application failed because the applicant did not demonstrate a sufficient basis for the delay, and in any event the High Court lacked jurisdiction to grant leave to appeal out of time to the Court of Appeal; that jurisdiction lies with the Court of Appeal. The request was therefore dismissed, though the court...
Source-derived case information.
- Citation
- [2026] KEHC 13026 (KLR)
- Parties
- Applicant: RAPHAEL MUTIE KATUMO; Respondent: REPUBLIC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E050 of 2025
- Procedural Posture
- Miscellaneous Criminal Application for Leave to File Petition of Appeal Out of Time and for Supply of Proceedings / Ruling on Interlocutory Application After Conviction and Sentence
- Outcome
- Application dismissed
- Judges
- ["JN Onyiego"]
- Legal Topics
- Murder, Extension of Time to Appeal, Jurisdiction of Appellate Court, Supply of Proceedings, Concurrent Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RAPHAEL MUTIE KATUMO
Applicant
REPUBLIC
Respondent
Procedural Posture
Miscellaneous Criminal Application for Leave to File Petition of Appeal Out of Time and for Supply of Proceedings / Ruling on Interlocutory Application After Conviction and Sentence
Legal Issues
- 1 Whether the applicant had demonstrated sufficient cause to warrant leave to file an appeal out of time
- 2 Whether this court had jurisdiction to entertain an application for leave to appeal out of time to the Court of Appeal
- 3 Whether the applicant was entitled to copies of judgment and proceedings
Ratio Decidendi
The application failed because the applicant did not demonstrate a sufficient basis for the delay, and in any event the High Court lacked jurisdiction to grant leave to appeal out of time to the Court of Appeal; that jurisdiction lies with the Court of Appeal. The request was therefore dismissed, though the court directed that judgment and proceedings, if not already supplied, be supplied.
Court Disposition
Application dismissed
Orders
- Leave to file petition of appeal out of time declined
- Applicant to be supplied with a copy of the judgment and proceedings if not already supplied
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT AT MAKUENI** **MISC. CRIMINAL APPLICATION NO. E050 OF 2025** RAPHAEL MUTIE KATUMO ............................................................ APPLICANT VERSUS REPUBLIC ..................................................................................... RESPONDENT **RULING** 1. The Applicant was charged with two counts of **Murder Contrary to Section 203 as read out with Section 204 of the Penal Code**. Particulars were that on 20-11-2016, at Mulala village Iteta Sub-Location Mulala Division, Nzaui Sub-County within Makueni County he murdered Angelina Mwikali Katumo (Count 1) and Peter Maundi(Count 2). 2. Having denied the charge, the matter proceeded to full trial. Consequently, he was convicted of both counts. He was subsequently sentenced to 45 years’ imprisonment for each count. The said sentence is to run concurrently. 3. Aggrieved by the said conviction and sentence, he moved to this court vide a Notice of Motion dated 10th November 2025 for leave to file a Petition of Appeal out of time and that he be supplied with the record of appeal. His application is anchored on grounds that; despite applying for court proceedings, he did not get the same and secondly; his family had promised to get him an advocate but in vain. 4. In response, prosecution did not oppose the application. I have considered the application herein and the response thereof. The only issue for determination is whether the application is merited. Under **Section 379(1) of the Criminal Procedure Code**, an appeal from the High Court is lodged before the Court of Appeal within 14 days. In this case, judgment was delivered on 30-6-2025 and then sentenced on 28-8-25. The application herein was filed on 24-11-2025. 5. It is clear from the record that both the judgment and sentence were delivered on CTS implying that they were available immediately they were delivered. I do not see any reason for not filing the petition of appeal in time. Be that as it may, the application herein should be filed before the court of appeal which has jurisdiction over the intended appeal. For those reasons, the application is dismissed. However, a copy of judgment and proceedings which are ready if not supplied, should be supplied. Dated, signed and delivered virtually this **21st** day of **August 2026** **...........................................** **J.N.ONYIEGO** **JUDGE**