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Court of AppealAllowedCriminal Application (Extension of Time) arising from Nakuru High Court Criminal Case No. 19 of 2018

Njoroge v Republic (Criminal Application E057 of 2025) [2025] KECA 1177 (KLR)

Court of Appeal
1 July 2025
470 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal allowed a prisoner extra time to appeal, confirming that a reasonable explanation for delay matters more than how long the delay lasted.

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 delivered on 1st July 2025 by Mativo, JA, on an application dated 12th June 2025 by Collins Maina Njoroge seeking extension of time to appeal against the High Court's dismissal of his appeal against conviction and sentence in Nakuru High Court Criminal Case No. 19 of 2018. The applicant had been convicted of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced on 18th December 2024 to nine years' imprisonment for the murder of Joel Mbuthia Kamau at Kampi Ya Moto junction, Rongai sub-county. He failed to lodge a notice of appeal within the statutory 14-day period, explaining that his family had agreed to instruct an advocate on his behalf but never did so. The Republic did not comply with the Deputy Registrar's directions of 26th June 2025 and the application was therefore not opposed. The court applied the Supreme Court's principles in Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR, namely that the law prescribes no minimum or maximum period of delay and that a plausible and satisfactory explanation is the key to the exercise of discretion. Finding the roughly four-month delay not inordinate and the explanation plausible - and considering that the applicant was acting in person and serving a custodial sentence - the court exercised its discretion in his favour and directed him to file his notice of appeal within 14 days and his memorandum and record of appeal within 45 days. No costs order was made.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant has shown a plausible and satisfactory explanation for the approximately 4-month delay in filing his notice of appeal
  2. 2.Whether the delay is inordinate such that extension of time should be refused
  3. 3.Whether the court's discretion should be exercised in favour of the applicant to extend time to appeal

Key legal issues

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01

Extension of time to appeal - applicable principles

Holding

The delay of approximately 4 months was not inordinate, and the applicant's explanation - that his family failed to instruct an advocate as agreed - was plausible, justifying the exercise of discretion in his favour, particularly given that he was acting in person and serving a prison sentence.

Reasoning

The court adopted the Supreme Court's guidance in Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet, which holds that no minimum or maximum period of delay is prescribed by law and that the decisive factor is a valid and clear explanation upon which discretion can be favourably exercised. Weighing the reasons for the delay, the in-person status of the applicant, and the custodial sentence he is serving, the court found the explanation plausible and exercised its discretion to grant the extension with filing timelines.

p. 2

Legal principles established

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  • Extension of time is governed not by a fixed minimum or maximum period of delay but by whether the delay is satisfactorily explained; a plausible and satisfactory explanation is the key to the exercise of discretion.

Court orders

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  1. 1.Extension of time granted to appeal against the High Court's dismissal of the appeal against conviction and sentence
  2. 2.Applicant to file his notice of appeal within the next 14 days
  3. 3.Applicant to file the memorandum of appeal and the record of appeal within 45 days from the date of the ruling

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
High Court of Kenya
Nakuru High Court Criminal Case No. 19 of 2018
Jurisdiction invoked
Appellate jurisdiction of the Court of Appeal over extension of time to appeal against conviction and sentence (Criminal Appeal jurisdiction; the judgment does not cite the specific enabling provision)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The law does not set out any minimum or maximum period of delay. All it states is that any delay should be satisfactorily explained. A plausible and satisfactory explanation for delay is the key that unlocks the court's fiow of discretionary favour. There has to be valid and clear reasons, upon which discretion can be favourably exercisable.
p. 2Principles for extension of time
I find that the delay is not inordinate and also, the reason ofiered is plausible. It is the plausible explanation of the delay that triggers this Court's discretion.
p. 2Application of principles to the facts
I direct the applicant to file his notice of appeal within the next 14 days and the memorandum of appeal and the record of appeal within 45 days from today.
p. 2Final orders - extension and filing timelines

Issues in the judgment

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minor

The judgment does not state the Court of Appeal reference number of the application itself; it is identified only by reference to the High Court case (Nakuru High Court Criminal Case No. 19 of 2018).

minor

The judgment contains typographical errors rendering quoted and body text uncertain ('ofience' for 'offence', 'afidavit' for 'affidavit', 'fiow' for 'flow', 'ofiered' for 'offered'), which affects character-for-character quoting reliability.

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, "Njoroge v Republic (Criminal Application E057 of 2025) [2025] KECA 1177 (KLR)", Case Analysis (2025). Criminal Application (Extension of Time) arising from Nakuru High Court Criminal Case No. 19 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1177/eng@2025-07-01

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