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Court of AppealAllowedNot stated in the judgment· [2025] KECA 1237 (KLR)

William Bundi Njeri v Republic

Court of Appeal of Kenya
27 June 2025
SKS. ole Kantai
403 words in judgment
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The bottom line

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Kenya's Court of Appeal gave an imprisoned man 14 more days to file an appeal, 18 months after the deadline passed, because prison conditions delayed him.

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 (S. ole Kantai, JA) on a Notice of Motion by William Bundi Njeri, a convict serving life imprisonment for defilement, seeking leave to appeal out of time. His first appeal to the High Court at Kerugoya was dismissed on 29th September 2023; the application was dated 13th March 2025, a delay of roughly eighteen months. The applicant explained that he was not furnished with a copy of the judgment in time to appeal, that he was acting in person, and that his intended appeal had high chances of success. The court recited the classic principles from Leo Sila Mutiso v Rose Hellen Wangari Mwangi [1999] 2 EA 231: extension of time is discretionary, and the court considers the length of the delay, the reason for it, the chances of the appeal succeeding, and the prejudice to the respondent. Service had been effected on the Office of the Director of Public Prosecutions by email on a hearing notice dated 18th June 2025, and no response was filed. Weighing the applicant's imprisonment, his in-person status and possible lack of facilities, the court exercised its discretion in his favour, allowed the motion, and directed that the appeal be filed within fourteen days. No costs order was made. The ruling is discretionary and fact-specific rather than laying down new binding law, though it restates the settled Mutiso extension-of-time principles.

Key legal issues

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01

Extension of time to appeal

Holding

The court exercised its discretion in favour of an imprisoned in-person applicant whose appeal was dismissed on 29th September 2023 and who applied on 13th March 2025, citing lack of facilities and non-furnishing of the judgment.

Reasoning

The court applied the Leo Sila Mutiso principles. It noted the applicant is a convict acting in person who may lack the facilities to act within required timelines, and that he says he was not furnished with a copy of the judgment. Although the applicant asserted his appeal had high chances of success without substantiating this, and the delay was substantial, the court was prepared to exercise its discretion in his favour and allow the motion, with a 14-day filing window.

p. 2

Legal principles established

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  • The decision whether or not to extend time for appealing is discretionary, guided by the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent.

Court orders

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  1. 1.The Motion dated 13th March, 2025 is allowed
  2. 2.Leave to appeal out of time granted
  3. 3.The appeal to be filed within fourteen (14) days of the date of the ruling
On appeal from
High Court of Kenya at Kerugoya
Not stated in the judgment
Jurisdiction invoked
Inherent discretion to extend time for filing an appeal (the judgment does not cite the specific constitutional or statutory provision)

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, "William Bundi Njeri v Republic", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1237/eng@2025-06-27

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