Maritim v Republic (Criminal Application E033 of 2026) [2026] KECA 1230 (KLR) (1 July 2026) (Ruling)

Maritim v Republic (Criminal Application E033 of 2026) [2026] KECA 1230 (KLR) (1 July 2026) (Ruling) Neutral citation: [2026] KECA 1230 (KLR) Republic of Kenya In the Court of Appeal at Nakuru Criminal Application E033 of 2026 JM Mativo, JA July 1, 2026 Between Vincent Maritim Applicant and Republic Respondent (Being an application for extension of time to file a notice of appeal from the judgment of the High Court of Kenya at Nakuru (S. M. Muhochi, J.) dated 24th October 2025 in CRA No. E035 of 2023) Ruling 1.By an application dated 15th May 2026, the applicant prays for extension of time to file a notice of appeal and a record of appeal out of time. The applicant also prays that the annexed notice of appeal be deemed as duly filed. The grounds in support of the application are: (a) the judgment of the first appellate court was delivered on 24th day of October 2025 by Mohochi J. dismissing his appeal against conviction and sentence of 20 years for the offence of defilement; (b) the time for filing a notice of appeal has expired; (d) The applicant is a layperson and he was not promptly informed of the judgment by his previous counsel or the court registry; (e) he is acting in person and he faces practical difficulties in accessing the court file and obtaining certified copies of the proceedings and the judgment; (f) his intended appeal raises serious issues of law, including contradictory evidence, failure to call crucial witnesses and improper shifting of the burden of proof;(g)the respondent will not suffer any prejudice; (h) his family had promised it would instruct an advocate to file an appeal on his behalf but the appeal was never filed; (i) it is in the interests of justice that he be given an opportunity to challenge the conviction and sentence. 2.The respondent filed submissions dated 28th June 2026 conceding to the application. 3.I have considered the application and the grounds urged in support of the application. This Court has repeatedly ruled that an applicant seeking extension of time to file an appeal must offer a plausible, cogent and bona fide explanation rather than a vague or fanciful excuse. While dealing with an application for extension of time in criminal matters, courts should adopt a pragmatic approach rather than a pedantic one. However, proof of a sufficient, plausible explanation is a mandatory prerequisite because justice cannot be subverted by condoning delays where the applicant shows sheer negligence or a total absence of a believable timeline. (See the Supreme Court of India decision in State of__ Nagaland__ vs.__ Lipok__ AO__ and__ Others__ [__2005] 3 SCC 752). 4.In Collector, Land Acquisition, Anantnag vs. Mst. Katiji (1987) 2 SCC 107, a foundational ruling on how courts must interpret "sufficient cause," the Supreme Court of India stated that "every day’s delay must be explained" does not mean a pedantic, minute-by-minute account is required. Instead, the court requires a plausible explanation that establishes the appellant acted with bona fide intentions and was not intentionally sleeping on his/her rights. 5.In criminal appeals involving incarcerated individuals, courts generally show greater flexibility but a plausible ground is still mandatory. When a person is behind bars, administrative bottlenecks in prison, lack of legal aid or delay in obtaining certified copies of the judgment constitute a plausible and acceptable explanation to grant an extension. The explanation tendered by the applicant satisfies the threshold laid down in the above cited decisions. The upshot is that, the applicant’s application is merited. Accordingly, I allow it and grant the applicant leave to file his notice of appeal within the next 14 days and the memorandum of appeal and the record of appeal within 45 days from today. DATED AND DELIVERED AT NAKURU THIS 1ST DAY OF JULY, 2026.J. MATIVO................................JUDGE OF APPEALI certify that this is a true copy of the original.Signed.DEPUTY REGISTRAR