https://new.kenyalaw.org/akn/ke/judgment/keca/2026/992

Sordo v Republic (Criminal Application E008 of 2026) [2026] KECA 992 (KLR) (22 May 2026) (Ruling) Neutral citation: [2026] KECA 992 (KLR) Republic of Kenya In the Court of Appeal at Nakuru Criminal Application E008 of 2026 MB Kairaria, JA May 22, 2026 Between Sonjoi Ole Sordo Applicant and Republic Respondent (An application for extension of time from the Judgment of the High Court of Kenya at Narok (Bwononga, J.) delivered on 16th April 2018 in HCCRC No. 23B of 2017) Ruling 1.Sonjoi Ole Sordo the applicant in the application dated 18th February 2026 was charged, convicted and sentenced to serve 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 in Criminal Case No. 18 of 2016 at the Chief Magistrates Court at Narok. He appealed that decision at the High Court of Kenya at Narok HCCrAp No. 23B of 2017. That appeal was heard and dismissed by the Hon. Bwononga J who upheld both the conviction and sentence in a judgment dated 16th April, 2018. 2.The applicant is aggrieved by that decision and wishes to file a second appeal to the Court of Appeal and seeks extension of time to file appeal out of time. In his sworn affidavit dated 18th February, 2026 he avers that he filed his notice of appeal and memorandum of appeal in 2018 through the County Commander Narok Prison but has gotten no response from court. He says that he has since then been trying to find out the position of his appeal through the prisons authorities and the High Court without success. He has attached copies of both the notice and memorandum of appeal that he says he submitted to the prison authorities when he started serving his sentence in the year 2018. 3.The application was canvassed through written submissions.The applicant’s submissions are dated 24th March 2026 while the respondent’s submissions are dated 16th April, 2026. The applicant submits that failure to file his appeal on time is not due to his mistake but is attributable to circumstances beyond his control. He lodged his appeal through the prisons authorities at Narok who apparently did not transmit the notice of appeal to court. He was then transferred to Kisumu Maximum Prison and lost contacts with his relatives who would have assisted him in tracking his appeal. He only found out that his appeal was missing when he was transferred to Naivasha Maximum prison. He relies on rule 4 of the Court of Appeal Rules 2022 and the decision of this court in Karny Zahrya & Shalom Levi [2018] eKLR and prays that I allow his application. 4.The learned Principal Prosecution Counsel correctly observed that the delay in lodging the appeal is inordinate but is not opposed to the application given the fact that the applicant is incarcerated and therefore unable to pursue his appeal with the necessary promptitude. 5.This court has the power to grant extension of time in appropriate cases on such terms as are just provided that the reasons proffered for the delay by the applicant are plausible. 6.Upon considering the application and submissions, I am persuaded that the reason given for the delay is plausible. I am satisfied that the applicant has sufficiently and satisfactorily explained the delay which was occasioned by lapses in the prison authorities failing to forward his notice of appeal to the High Court as soon as he submitted in the year 2018. Accordingly, I allow the application dated 18th February, 2026. I grant the extension of time and direct that the applicant shall file the notice of appeal within 14 days from today. 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 original.Signed.DEPUTY REGISTRAR