Korir v Republic (Criminal Application E021 of 2026) [2026] KECA 1560 (KLR) (31 July 2026) (Ruling)

Korir v Republic (Criminal Application E021 of 2026) [2026] KECA 1560 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KECA 1560 (KLR) Republic of Kenya In the Court of Appeal at Eldoret Criminal Application E021 of 2026 L Ndolo, JA July 31, 2026 Between Wilson Kibet Korir Applicant and Republic Respondent (Application for leave to appeal out of time against the Judgement of the High Court of Kenya at Kapsabet (J.R. Karanja, J.) delivered on 14th December 2023 in HCCR No E094 of 2011) Ruling 1.By an undated Chamber Summons, supported by an affidavit dated 12th May 2026, the applicant seeks extension of time to file an appeal against the judgment of the High Court at Kabsabet delivered on 14th December 2023. 2.In explaining his failure to file the appeal within the statutory period, the applicant points to difficulties he has encountered in accessing the record from the trial court. He also attributes the delay on reliance on his relatives who had promised to instruct a lawyer to represent him, which did not happen due to financial constraints. He maintains that the delay is not deliberate. 3.The respondent is not opposed to the applicant’s plea for extension of time. 4.An application for extension of time under rule 4 of the Court of Appeal Rules, invokes the jurisdiction of the Court, which is to be exercised judiciously. 5.In addressing the question of extension of time, the Supreme Court, in its decision in Andrew Kiplagat Chemaringo vs Paul Kipkorir Kibet [2018] eKLR stated that:“The law does not set out any minimum or maximum period of delay. All it states is that any delay should be satisfactorily explained. A plausible and satisfactory explanation for the delay is the key that unlocks the court’s flow of discretionary favour. There has to be valid and clear reasons, upon which discretion can be favourably exercisable.” 6.I have considered the applicant’s application, the supporting affidavit and submissions. In a judgment delivered on 14th December 2023, the applicant was convicted of the offence of murder, contrary to section 203 as read with section 204 of the Penal Code and was sentenced to serve 20 years in prison. 7.The application seeking extension of time was filed two years and six months down the line. Given the difficulties explained by the applicant, coupled with restrictions of incarceration, I am persuaded that the delay is neither inordinate nor unreasonable. 8.In light of this, I will exercise discretion in favour of the applicant with directions that he will file a notice of appealwithin the next 14 days from the date of this ruling. Thereafter, the Deputy Registrar, Kapsabet High Court will prepare and serve the record of appeal on the appellant and the respondent, within 30 days. 9.I direct that a copy of this ruling be served upon the Deputy Registrar, Kapbsabet High Court. DATED AND DELIVERED AT ELDORET THIS 31ST DAY OF JULY, 2026.L.M. NDOLO……………………JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR