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Court of AppealAllowedCriminal Application arising from Nyahururu HCCRC No. 16 of 2018· [2025] KECA 454 (KLR)

Irungu v Republic (Criminal Application E012 of 2025) [2025] KECA 454 (KLR)

Court of Appeal of Kenya

7 March 2025

MGM. Gachoka

409 words in judgment

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The bottom line

Kenya's Court of Appeal gave a 30-year prisoner a second chance to appeal, ruling that missing the deadline was understandable because he received the judgment late.

What this practically means

Executive summary

This is a single-judge ruling of the Court of Appeal at Nakuru on a Notice of Motion dated 6th February 2025 under rule 4 of the Court of Appeal Rules 2022, seeking leave to appeal out of time against a conviction for murder and a 30-year sentence imposed by Kariuki, J. of the Nyahururu High Court in HCCRC No. 16 of 2018 by a judgment dated 13th March 2023. The applicant's main ground was that he was not furnished with the proceedings and judgment in good time. The respondent, while describing the delay as inordinate and unexplained, submitted in writing that the application could nonetheless be allowed because the applicant was appealing for the first time and the sentence was lengthy. The judge restated the classic rule 4 factors - length of and reasons for delay, chances of the appeal succeeding, and prejudice to the respondent - drawing on Henry Mukora Mwangi v Charles Gichina Mwangi. Observing that the applicant's statement that he was supplied with the judgment was not denied by the respondent, the judge held the applicant deserved the benefit of the Court's discretion and allowed the motion, directing that the notice of appeal be filed within 14 days and the record of appeal filed and served within 45 days. No costs order was made. The decision below was not disturbed; the ruling merely opens the door to a first appeal against conviction and sentence.

Key legal issues

Whether to extend time for filing an appeal against conviction and sentence

Holding

The application was allowed; the applicant's explanation that he was not furnished with the judgment in good time sufficed, and the respondent did not oppose the application.

Reasoning

The single judge recited the settled rule 4 factors: length of and reasons for delay, chances of appeal succeeding, and prejudice to the respondent. The applicant asserted he was not furnished with proceedings and judgment in good time; the respondent did not deny that he was supplied with the judgment, and its own submissions conceded the application may be allowed since he was appealing for the first time and the sentence was lengthy. The judge was persuaded the applicant deserved the benefit of the Court's discretion.

p. 2

Legal principles established

In exercising the discretion to extend time under rule 4, the Court considers the length of the delay, the reasons for the delay, the chances of the appeal succeeding and the degree of prejudice to the respondent.

Court orders

1.The Notice of Motion dated 6th February 2025 is allowed
2.The applicant shall file his notice of appeal within 14 days
3.The record of appeal shall be filed and served within 45 days

Authorities

Legislation

Court of Appeal Rules 2022rule 4
Penal Codesection 203 as read with section 204

Cases cited (1)

Henry Mukora Mwangi v Charles Gichina Mwangi
Civil Application No. Nai. 26 of 2004

On appeal from: High Court of Kenya at Nyahururu; HCCRC No. 16 of 2018
Jurisdiction invoked: Rule 4 of the Court of Appeal Rules 2022 (extension of time to appeal)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Irungu v Republic (Criminal Application E012 of 2025) [2025] KECA 454 (KLR)", Case Analysis (2025). Criminal Application arising from Nyahururu HCCRC No. 16 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/454/eng@2025-03-07

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