Koech v Republic (Criminal Application E242 of 2024) [2025] KECA 846 (KLR)
The bottom line
#Kenya's Court of Appeal refused to revive a six-year-old murder appeal because the applicant could not explain why he waited so long.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant's delay of approximately 6 years and 4 months in filing his appeal was excusable
The delay was inordinate and unexplained; the applicant's assertion that he was not supplied with the judgment and proceedings was not plausible absent evidence of steps taken to obtain them.
The court accepted the established principles from Leo Sila Mutiso (length of delay, reason for delay, chances of success, prejudice) and Chemaringo (no fixed maximum delay, but delay must be satisfactorily explained). While the applicant was serving a lengthy sentence and the intended appeal was a first appeal, he did not demonstrate any steps taken to follow up on the proceedings, making it unbelievable that he simply waited six years without action. The discretion was therefore not exercised in his favour.
Legal principles established
#- There is no minimum or maximum set period of delay in law; any delay in an application for enlargement of time must be satisfactorily explained, and only such an explanation unlocks the door shut by lapse of time.
- An applicant for enlargement of time must declare and explain the period of delay, and cannot merely blame the trial court for late supply of proceedings without demonstrating the steps taken to follow them up.
Court orders
#- 1.The application for extension of time to file an appeal is dismissed
- On appeal from
- High Court of Kenya
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (enlargement of time to file an appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Koech v Republic (Criminal Application E242 of 2024) [2025] KECA 846 (KLR)", Case Analysis (2025). Criminal Application (Extension of Time) — Notice of Motion dated 16th August 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/846/eng@2025-05-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.