https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1237
The court granted extension of time because the respondent did not oppose the application and the judge was satisfied that the application was merited.
Source-derived case information.
- Citation
- [2026] KECA 1237 (KLR)
- Parties
- Applicant: Vincent Tamaru Mochama; Respondent: Republic
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E036 of 2026
- Procedural Posture
- Criminal Application / Application for Extension of Time to File Notice of Appeal
- Outcome
- Application allowed
- Judges
- ["MB Kairaria"]
- Legal Topics
- Leave to Appeal Out of Time, Extension of Time, Notice of Appeal, Criminal Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Tamaru Mochama
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether time should be extended to allow the applicant to file a notice of appeal out of time.
- 2 Whether the application was opposed or otherwise merited grant.
Ratio Decidendi
The court granted extension of time because the respondent did not oppose the application and the judge was satisfied that the application was merited.
Court Disposition
Application allowed
Orders
- The applicant is granted extension of time to file a notice of appeal.
- The notice of appeal shall be filed within 14 days from 1 July 2026.
Full Case Text
Judgment text and source record
1 paragraphs
Mochama v Republic (Criminal Application E036 of 2026) [2026] KECA 1237 (KLR) (1 July 2026) (Ruling) Neutral citation: [2026] KECA 1237 (KLR) Republic of Kenya In the Court of Appeal at Nakuru Criminal Application E036 of 2026 MB Kairaria, JA July 1, 2026 Between Vincent Tamaru Mochama Applicant and Republic Respondent (An application seeking leave to appeal out of time from the judgment of the High Court of Kenya at Kilgoris (Kiarie, J.) in HC.CR.A NO. E015 0F 2020) Ruling 1.I have considered the Notice of motion application dated 19th May 2026 together with the supporting affidavit of Vincent Timaru Mochana the Applicant. The Applicant seeks extension of time to file a notice of appeal to enable him pursue an appeal against the judgement in Kilgoris HCCRA E015 of 2024. 2.Respondent does not oppose the extension sought and essentially concedes the application in the written submissions dated 30/6/2026. I am satisfied that the application is merited. 3.Accordingly, I grant the applicant extension of time to file his notice of appeal and direct that the notice of appeal be filed within the next 14 days from today.Orders accordingly. DATED AND DELIVERED AT NAKURU THIS 1ST DAY OF JULY, 2026.MURUNGI B. KAIRARIA.........................JUDGE OF APPEALI certify that this is a True copy of the originalSignedDEPUTY REGISTRAR