https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1463
The application succeeded because it was not brought after inordinate delay and the applicant, who was in custody, gave a reasonable explanation for the failure to file the appeal within the prescribed period; the respondent also did not oppose the request.
Source-derived case information.
- Citation
- [2026] KECA 1463 (KLR)
- Parties
- Applicant: Samuel Wanjara Wekesa; Respondent: Republic
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E016 of 2026
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal and Record of Appeal Out of Time
- Outcome
- Application allowed
- Judges
- ["MN Nduma"]
- Legal Topics
- Extension of Time, Notice of Appeal, Record of Appeal, Defilement, Sexual Offences Act, Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Wanjara Wekesa
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal and Record of Appeal Out of Time
Legal Issues
- 1 Whether time should be extended under Rule 4 of the Court of Appeal Rules, 2022.
- 2 Whether the delay in filing the intended appeal was inordinate or adequately explained.
Ratio Decidendi
The application succeeded because it was not brought after inordinate delay and the applicant, who was in custody, gave a reasonable explanation for the failure to file the appeal within the prescribed period; the respondent also did not oppose the request.
Court Disposition
Application allowed
Orders
- Leave granted to file the Notice of Appeal and the Record of Appeal within the prescribed period from the date of the ruling.
Full Case Text
Judgment text and source record
1 paragraphs
Wekesa v Republic (Criminal Application E016 of 2026) [2026] KECA 1463 (KLR) (17 July 2026) (Ruling) Neutral citation: [2026] KECA 1463 (KLR) Republic of Kenya In the Court of Appeal at Eldoret Criminal Application E016 of 2026 MN Nduma, JA July 17, 2026 Between Samuel Wanjara Wekesa Applicant and Republic Respondent Ruling 1.This undated application for extension of time to file Notice of Appeal and the appeal itself outside the prescribed period, under Rule 4 of the Court of Appeal Rules, 2022, came up for hearing before me by way of written submissions on 1st July 2026. The applicant was convicted of defilement under section 8(1) as read with section 8(3) of the Sexual Offences Act and sentenced to 40 years imprisonment. The conviction and sentence were upheld by the High Court. The respondent represented by learned Ms Kisui Grace Wavinya, learned Prosecution Counsel, in her written submissions dated 29th June 2026, is not opposed to the application and urges the Court to grant the same. 2.The application is not visited by inordinate delay and the applicant who is in custody has given reasonable explanation for failure to file the appeal within the prescribed time. Accordingly, the applicant is granted leave to file the Notice of Appeal and the Record of Appeal within the prescribed period from the date of this ruling. DATED AND DELIVERED AT ELDORET THIS 17TH DAY OF JULY, 2026.NDERI NDUMA……………………………JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR