Kenya Judgment

Court of Appeal

Wego v Republic [2026] KECA 60 (KLR)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Court allowed the application because it had discretion under Rule 4, the application was unopposed, and the applicant was serving a death sentence, making it just to permit the applicant to pursue the right of appeal.

Court disposition

Application allowed

Orders

  • The applicant shall file and serve the notice of appeal within fourteen (14) days of 28 January 2026.

02

Material facts

Parties

Wilson Ominde Wego

Applicant

Republic

Respondent

03

Procedural history

  1. Posture

    Criminal Application for Extension of Time to Appeal Out of Time / Ruling on Application

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant sought leave to appeal out of time, relying on lack of prior awareness of the right of appeal and the interest of justice.

05

Court’s reasoning

  1. 01

    Rule 4 of the Court of Appeal Rules

    The Court of Appeal has discretion to extend time for steps required by its Rules to be taken out of time.

  2. 02

    Court’s ruling

    Discretion may be exercised to facilitate access to appeal, particularly where the applicant faces a death sentence.

06

Ratio, limits and disposition

Ratio decidendi

The Court allowed the application because it had discretion under Rule 4, the application was unopposed, and the applicant was serving a death sentence, making it just to permit the applicant to pursue the right of appeal.

Court disposition

Application allowed

  • The applicant shall file and serve the notice of appeal within fourteen (14) days of 28 January 2026.

Source and reliance status

Court of Appeal

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Judgment text

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Source document

Court of Appeal

Judgment

[2026] KECA 60 (KLR)

Wego v Republic (Criminal Application E058 of 2025) [2026] KECA 60 (KLR) (28 January 2026) (Ruling) Neutral citation: [2026] KECA 60 (KLR) Republic of Kenya In the Court of Appeal at Kisumu Criminal Application E058 of 2025 LK Kimaru, JA January 28, 2026 Between Wilson Ominde Wego Applicant and Republic Respondent (Being an application for extension of time to appeal out of time from the Judgment of the High Court of Kenya at Kisumu (D.S. Majanja, J. dated 8th May, 2017 in HCCR No. 66 of 2011 Criminal Case 66 of 2011 ) Ruling 1.The applicant, Wilson Ominde Wego was convicted of murder contrary to section 203 as read with section 204 of the Penal Code. He was sentenced to suffer death on 8th May, 2017. The applicant wishes to appeal against the said decision to this Court. He has filed the present application seeking to be granted leave to file appeal out of time. The applicant states that he did not file the notice of appeal in time because he was not aware that he had a right of appeal. He only learnt of the right upon being given advice in a legal clinic while in prison. He urged the Court to exercise its discretion in his favour and grant the application in the interest of justice and to enable him exercise his constitutional right of appeal. 2.The application is unopposed. Rule 4 of the Court of Appeal Rules grants this Court unfettered discretion to extend time for any

steps circumscribed by the Rules to be done out of time. In the present application, this Court is satisfied that the applicant is deserving of the exercise of discretion by this Court, firstly, because he is serving the ultimate penalty which is death and secondly to enable him exhaust his right of appeal to this Court. 3.The application has merit and is hereby allowed. The applicant shall file and serve the notice of appeal within fourteen (14) days of today’s date. DATED AND DELIVERED AT KISUMU THIS 28TH DAY OF JANUARY,2026.L. KIMARU.......................JUDGE OF APPEALI certify that this is a true copy of original. DEPUTY REGISTRAR.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Penal Code, sections 203 and 204

Legislation

Legislation referenced in the available case record.

Rule 4 of the Court of Appeal Rules

Legislation

Legislation referenced in the available case record.

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