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Case Brief · caselaw.co.ke
Court of AppealAllowedNot stated in the judgment· [2025] KECA 598 (KLR)

Bunge Lelemusi v Republic

Court of Appeal of Kenya
14 March 2025
843 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal allowed a prisoner to appeal seven years late, showing a good explanation matters more than how long you delayed.

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 Nyeri delivered by Lesiit, JA on 14 March 2025, determining an application under rule 113 of the Court of Appeal Rules, 2010 by an imprisoned applicant seeking leave to file an appeal out of time against the judgment of Kasango, J. in Nanyuki High Court Criminal Appeal No. 112 of 2016 delivered on 25 May 2017, together with a deeming order for his notice of appeal and waiver of filing fees on pauperism grounds. The delay was seven years and three months. The applicant attributed it to his failure to obtain the proceedings and judgment in time, prolonged hospitalisation for mental illness at Mathari Mental Hospital between November 2011 and February 2013, and his inability as a pauper in prison custody to raise filing fees. The court applied the four-factor discretionary test in Leo Sila Mutiso v. Helen Wangari Mwangi and the Supreme Court's holding in Andrew Kiplagat Chemaringo v. Paul Kipkorir Kibet that any delay must be satisfactorily explained. Finding the explanation reasonable and satisfactory in the interest of justice, and noting that the memorandum of appeal raised reasonable grounds touching on the applicant's constitutional rights and the jurisdiction of the first appellate court, the judge granted the application: leave to file the appeal out of time was given, filing fees were waived, and the Deputy Registrars were directed to coordinate to ensure the appeal is processed and filed within a reasonable time. The respondent, though served, filed no response or submissions. No costs order was made. The decision below was not disturbed, as this was an interlocutory extension-of-time application, not the appeal itself.

Key legal issues

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01

Whether the delay of seven years and three months should be excused

Holding

Yes. The delay, though long, was satisfactorily explained by the applicant's inability to obtain the proceedings and judgment in good time, his hospitalisation for mental illness, and his imprisonment and inability to raise filing fees.

Reasoning

The court applied the settled four-factor test from Leo Sila Mutiso v. Helen Wangari Mwangi and the Supreme Court's guidance in Andrew Kiplagat Chemaringo v. Paul Kipkorir Kibet that no minimum or maximum period of delay is fixed and any delay must be satisfactorily explained. Considering the applicant's custody in prison and in the Mental Hospital, the court was satisfied the explanation was reasonable and satisfactory, and that in the interest of justice the delay should be excused.

p. 2
02

Whether the appeal had reasonable prospects and whether fees should be waived

Holding

Yes. The memorandum of appeal raised reasonable grounds touching on the applicant's constitutional rights and the jurisdiction of the first appellate court, justifying extension, and as a pauper in prison custody his filing fees were waived.

Reasoning

The court examined the attached memorandum of appeal and found it raised reasonable grounds of appeal touching on the applicant's constitutional rights and the jurisdiction of the first appellate court, satisfying the chances-of-success factor. The applicant, being in prison custody and a pauper unable to pay fees, was found deserving of the exercise of discretion in his favour, leading to waiver of the filing fees.

p. 2

Legal principles established

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  • Extension of time is discretionary, and the court considers the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the prejudice to the respondent.
  • There is no minimum or maximum period of delay; any delay must be satisfactorily explained, and a plausible and satisfactory explanation unlocks the court's discretionary favour.

Court orders

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  1. 1.The application dated and filed on February 4, 2025 is granted
  2. 2.The applicant is granted leave to file his appeal out of time
  3. 3.The filing fees are waived
  4. 4.The Deputy Registrar of this Court to coordinate with the Deputy Registrar of the respective High Court to ensure that the appeal is processed and filed within a reasonable time
On appeal from
High Court of Kenya at Nanyuki
Nanyuki High Court Criminal Appeal No. 112 of 2016
Jurisdiction invoked
Rule 113 of the Court of Appeal Rules, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Bunge Lelemusi v Republic", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/598/eng@2025-03-14

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