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Court of AppealAllowedCriminal Application (Nyahururu Criminal Case No. 451 of 2015 appeal)· [2025] KECA 1180 (KLR)

Ekudongoi v Republic (Criminal Application E031 of 2025) [2025] KECA 1180 (KLR)

Court of Appeal of Kenya

1 July 2025

JMJ. Mativo

591 words in judgment

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The bottom line

Kenya's Court of Appeal allowed a man to appeal nearly seven years late, confirming there is no fixed limit on delay if it is properly explained.

What this practically means

Executive summary

This is a single-judge ruling of the Court of Appeal at Nakuru (J. Mativo, JA) delivered on 1 July 2025 on an undated application under Rule 4 of the Court of Appeal Rules for extension of time to appeal. The applicant, Samuel Amana Ekudongoi, had been convicted before the Chief Magistrate's Court at Nyahururu in Criminal Case No. 451 of 2015 of possession of wildlife trophies (fine of Kshs.1,000,000 or 5 years' imprisonment) and dealing in wildlife trophies (fine of Kshs.20,000,000 or life imprisonment in default). His first appeal to the High Court was dismissed on both conviction and sentence, but he failed to lodge a notice of appeal within the statutory 14 days. In his supporting affidavit he explained that he was traumatized for six years and, after a religious conversion, resolved to appeal. The State, through Mr. Omutelema, Senior Assistant Director of Public Prosecutions, opposed, submitting that a delay of seven years was inordinate and unsatisfactorily explained, and noting that a similar application by the applicant's co-accused had been disallowed. The court applied the Supreme Court's principles in Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR, namely that delay must be satisfactorily explained and that a plausible explanation unlocks the court's discretionary favour. Noting that the applicant acts in person and is serving a life sentence, the judge exercised discretion in his favour and directed filing of the notice of appeal within 14 days and the memorandum and record of appeal within 45 days.

Key legal issues

Whether the ~7-year delay in lodging the appeal should be excused under Rule 4 of the Court of Appeal Rules

Holding

Yes. Applying the Chemaringo principles, the single judge exercised discretion in favour of the applicant, considering that he is acting in person, serving a life sentence, and had articulated grounds of appeal.

Reasoning

The court invoked Rule 4 which empowers it to enlarge time. It acknowledged the delay of almost 7 years was inordinate, as urged by the respondent, but weighed the Supreme Court's guidance that delay must merely be satisfactorily explained. The applicant's personal circumstances - acting in person and serving a life sentence - together with the grounds elucidated in his supporting affidavit justified a favourable exercise of discretion. Time limits for filing were fixed.

p. 2

Legal principles established

There is no minimum or maximum period of delay in extension-of-time applications; the decisive factor is whether the delay is satisfactorily explained.
A plausible and satisfactory explanation for delay is the key to unlocking the court's discretionary favour in extension-of-time applications.

Court orders

1.Extension of time granted to appeal against the High Court judgment dismissing the applicant's appeal
2.Applicant directed to file his notice of appeal within the next 14 days
3.Applicant directed to file the memorandum of appeal and record of appeal within 45 days

Authorities

Legislation

Wildlife (Conservation and Management) Actsection 95
Wildlife (Conservation and Management) Actsection 84(1) as read with section 92
Court of Appeal RulesRule 4

Cases cited (1)

Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet
[2018] eKLR

On appeal from: High Court of Kenya; Appeal against conviction and sentence in Nyahururu Criminal Case No. 451 of 2015 (first appellate appeal dismissed)
Jurisdiction invoked: Rule 4 of the Court of Appeal Rules (extension of time)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Ekudongoi v Republic (Criminal Application E031 of 2025) [2025] KECA 1180 (KLR)", Case Analysis (2025). Criminal Application (Nyahururu Criminal Case No. 451 of 2015 appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1180/eng@2025-07-01

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