https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1233
The application was allowed because it was unopposed and the court was satisfied that the applicant had provided a plausible explanation for the delay in filing the notice of appeal.
Source-derived case information.
- Citation
- [2026] KECA 1233 (KLR)
- Parties
- Applicant: Weldon Kirui; Respondent: Republic
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E037 of 2026
- Procedural Posture
- Criminal Application for Extension of Time to File Notice of Appeal / Ruling on Notice of Motion Application Dated 2nd June 2026
- Outcome
- Application allowed
- Judges
- ["MB Kairaria"]
- Legal Topics
- Extension of Time, Notice of Appeal, Delay in Filing Appeal, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Weldon Kirui
Applicant
Republic
Respondent
Procedural Posture
Criminal Application for Extension of Time to File Notice of Appeal / Ruling on Notice of Motion Application Dated 2nd June 2026
Legal Issues
- 1 Whether time should be extended for the applicant to file a notice of appeal
- 2 Whether the applicant gave a plausible explanation for the delay
Ratio Decidendi
The application was allowed because it was unopposed and the court was satisfied that the applicant had provided a plausible explanation for the delay in filing the notice of appeal.
Court Disposition
Application allowed
Orders
- The Notice of Motion dated 2nd June 2026 is allowed.
- Extension of time is granted as sought.
Full Case Text
Judgment text and source record
1 paragraphs
Kirui v Republic (Criminal Application E037 of 2026) [2026] KECA 1233 (KLR) (1 July 2026) (Ruling) Neutral citation: [2026] KECA 1233 (KLR) Republic of Kenya In the Court of Appeal at Nakuru Criminal Application E037 of 2026 MB Kairaria, JA July 1, 2026 Between Weldon Kirui Applicant and Republic Respondent (An application for extension of time from the judgment of the High Court of Kenya at Bomet (R. Korir, J.) in HC.CR.A NO. E020 0F 2021) Ruling 1.I have considered the Notice of Motion application dated 2nd June, 2026 together with the affidavit of Weldon Kirui the Applicant, in which he seeks extension of time to file a notice of appeal to enable him appeal the judgement Korir J in Bomet HCCRA No. E020 of 2021. 2.I have also considered the Respondent's submissions dated 30th June, 2026 and note that the application is not opposed and the Respondent concedes to the grant of the extension sought. There being no opposition and upon being satisfied that the applicant has proffered plausible explanation for the delay in filing the notice of appeal, I allow the application dated 2nd June 2026, grant the extension of time as sought and direct that the applicant shall file his notice of appeal within 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