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Court of AppealAllowedCriminal Application (extension of time) arising from intended appeal against ruling in High Court Criminal Petition No. 214 of 2018· [2025] KECA 355 (KLR)

Enono v Republic (Criminal Application E005 of 2025) [2025] KECA 355 (KLR)

Court of Appeal of Kenya
27 February 2025
JMJ. Mativo
485 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal allowed a prisoner to appeal three years late because he wasn't given the judgment in time.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Nakuru on a notice of application dated 13th January 2025 seeking leave to appeal out of time. The applicant, Koikoi Enoni Enono, had been convicted of murder and sentenced to death in High Court Criminal Case No. 115 of 2008 at Nakuru; his appeal to the Court of Appeal against conviction and sentence was dismissed. He then petitioned the High Court for resentencing in Criminal Petition No. 214 of 2018, but that petition was dismissed by a ruling delivered on 4th October 2021. He failed to lodge a notice of appeal within the statutory 14 days, resulting in a delay of approximately 3 years and 1 month. He explained the delay by asserting he was not furnished with the High Court judgment in time to prepare his appeal. The respondent, through Prosecution Counsel Mr. S.K. Ruto, conceded the application, pointing to the lengthy sentence of 56 years imprisonment. Applying the Supreme Court's principles in Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR - that delay must be satisfactorily explained and that a plausible explanation unlocks the court's discretion - and considering that the applicant is serving a lengthy sentence, J. Mativo, JA exercised discretion in the applicant's favour. The court granted leave to appeal out of time and directed filing of the notice of appeal within 14 days and the memorandum and record of appeal within 45 days. The decision below was not disturbed; this ruling merely opens the door to an appeal against it.

Key legal issues

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Whether the ~3 year delay in filing the notice of appeal should be excused

Holding

Yes. Applying the Chemaringo principles, the court exercised its discretion under Rule 4 in the applicant's favour, taking into account that he is serving a lengthy sentence and that he attributed the delay to not being furnished with the High Court judgment in time.

Reasoning

The court noted the application invoked Rule 4 of the Court of Appeal Rules to enlarge time, acknowledged a delay of approximately 3 years and 1 month, and considered the applicant's explanation that he was not furnished with the High Court judgment in time. The respondent's prosecution counsel conceded the application, pointing to the lengthy 56-year sentence. Weighing these factors and the applicant's status as a sentenced prisoner, the judge found the explanation sufficient and enlarged time with strict filing timelines.

p. 2

Legal principles established

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  • Extension of time is discretionary; the delay need not fall within set limits but must be satisfactorily explained, and a plausible and satisfactory explanation is the key to exercising discretion in favour of an applicant.

Court orders

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  1. 1.Leave granted to appeal out of time against the ruling in High Court Criminal Petition No. 214 of 2018 delivered on 4th October 2021
  2. 2.Applicant directed to file his notice of appeal within 14 days
  3. 3.Memorandum of appeal and record of appeal to be filed within 45 days

Authorities

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Legislation

  • Penal CodeSection 203 as read with Section 204 (printed as 'Section 2014')
  • Court of Appeal RulesRule 4

Cases cited (1)

  • Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet
    [2018] eKLR
On appeal from
High Court of Kenya
Criminal Petition No. 214 of 2018
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time to lodge an appeal)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Enono v Republic (Criminal Application E005 of 2025) [2025] KECA 355 (KLR)", Case Analysis (2025). Criminal Application (extension of time) arising from intended appeal against ruling in High Court Criminal Petition No. 214 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/355/eng@2025-02-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.