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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 364 (KLR)

Kamais v Republic (Criminal Application E006 of 2025) [2025] KECA 364 (KLR)

Court of Appeal of Kenya

27 February 2025

JMJ. Mativo

481 words in judgment

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The bottom line

Kenya's Court of Appeal allowed a prisoner to appeal three years late, ruling that a good explanation for delay matters more than its length.

What this practically means

Executive summary

This is a single-judge ruling of the Court of Appeal at Nakuru delivered by J. Mativo, JA on 27th February 2025 on a Notice of Motion dated 13th January 2025 brought under Rule 4 of the Court of Appeal Rules. The applicant, James Kamais, was convicted of murder in Nakuru High Court Criminal Case No. 115 of 2008 and sentenced to death; his appeal to the Court of Appeal was dismissed. He then petitioned the High Court for resentencing in Criminal Petition No. 214 of 2018, which was dismissed by a ruling delivered on 4th October 2021. He did not file a notice of appeal within the statutory 14 days, attributing the delay of approximately 3 years and 1 month to not being furnished with the High Court judgment in time. The respondent, through Prosecution Counsel Mr. S. K. Ruto, conceded the application, pointing to the lengthy sentence of 56 years imprisonment the applicant is serving. Applying the Supreme Court's principles in Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet - that delay must be satisfactorily explained and a plausible explanation unlocks discretionary favour - and considering the applicant's lengthy sentence, the court exercised its discretion in his favour, directing him to file his notice of appeal within 14 days and the memorandum and record of appeal within 45 days. No costs order was made. The decision below was not disturbed; the ruling merely opens the door to an appeal.

Key legal issues

Extension of time under Rule 4 of the Court of Appeal Rules

Holding

The court exercised its discretion in favour of the applicant despite a delay of approximately 3 years and 1 month, principally because he is serving a lengthy sentence and the respondent conceded the application

Reasoning

The court adopted the principles in Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet, that no minimum or maximum period of delay is prescribed and that a satisfactory explanation unlocks the court's discretionary favour. Weighing the length of the delay against the applicant's incarceration and the prosecution's concession, the discretion was exercised favourably with timetabled directions for filing the appeal.

p. 2

Legal principles established

Extension of time is discretionary; the delay must be satisfactorily explained and a plausible and satisfactory explanation is the key to exercising the discretion favourably

Court orders

1.Leave to appeal out of time granted
2.Applicant to file notice of appeal within 14 days
3.Memorandum of appeal and record of appeal to be filed within 45 days from the date of the order

Authorities

Legislation

Penal CodeSection 203 as read with Section 204 (printed as 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 at Nakuru; Criminal Petition No. 214 of 2018
Jurisdiction invoked: Rule 4 of the Court of Appeal Rules (inherent discretion to extend time)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Kamais v Republic (Criminal Application E006 of 2025) [2025] KECA 364 (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/2025/364/eng@2025-02-27

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