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Case Brief · caselaw.co.ke
Court of AppealAllowedNot stated in the judgment· [2025] KECA 1349 (KLR)

Edward Gakuya Karugumi v Republic

Court of Appeal of Kenya
16 July 2025
WKW. Karanja
283 words in judgment
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The bottom line

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Kenya's Court of Appeal in Nyeri let a prisoner appeal out of time because he explained the delay and the State did not oppose.

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 on 16 July 2025 by W. Karanja, JA, on an undated notice of motion in which the applicant sought leave to file a notice of appeal out of time. The applicant had been convicted by the Gichugu Magistrate's Court of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act and sentenced to twenty years imprisonment. His first appeal to the High Court was dismissed by judgment delivered on 24 October 2023. He sought to appeal further to the Court of Appeal but missed the timelines in the Court of Appeal Rules, attributing the delay to the late supply of the court proceedings. He maintained that the delay was not inordinate and that his appeal had high chances of success. In response, the State, through learned counsel Mr. Naulikha, filed submissions dated 8 July 2025 indicating that it did not oppose the application. The court considered the application and the rival submissions and held that the applicant had given good reasons for the delay, and that the application being unopposed, it was persuaded to allow it. The application was allowed and the applicant was granted leave to file the notice of appeal within fourteen days from the date of the ruling. No costs order is recorded. The decision below was not disturbed; the ruling is procedural and concerns extension of time only.

Key legal issues

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01

Extension of time to file a notice of appeal

Holding

Leave to file the notice of appeal out of time was granted because the applicant gave good reasons for the delay (late supply of proceedings) and the State did not oppose the application

Reasoning

The applicant was convicted of defilement and sentenced to 20 years imprisonment; his first appeal to the High Court was dismissed on 24 October 2023. He explained that he was not supplied with the court proceedings in time, causing him to miss the timelines in the Court of Appeal Rules. The State, through counsel Mr. Naulikha, indicated it did not oppose the application. On those grounds the court was persuaded to allow the application and grant fourteen days to file the notice of appeal.

p. 2

Legal principles established

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  • An application for extension of time to file a notice of appeal may be allowed where the applicant gives good reasons for the delay and the application is unopposed

Court orders

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  1. 1.The application is allowed
  2. 2.The applicant is granted leave to file the notice of appeal within fourteen (14) days from the date of the ruling
On appeal from
High Court
Not stated in the judgment
Jurisdiction invoked
Inherent leave jurisdiction under the Court of Appeal Rules to grant extension of time to file a notice of appeal

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, "Edward Gakuya Karugumi v Republic", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1349/eng@2025-07-16

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