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Court of AppealAllowedCriminal Application (Appeal) dated 10th June 2025 (arising from second appeal to the Court of Appeal, Nyeri)· [2025] KECA 1370 (KLR)

Charles Nzau Kyalo v Republic

Court of Appeal of Kenya
25 July 2025
WKW. Karanja
246 words in judgment
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The bottom line

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Kenya's Court of Appeal allowed a prisoner to file his appeal late because the prosecution raised no objection and the delay was short.

What this practically means

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Executive summary

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This short ruling of the Court of Appeal at Nyeri (W. Karanja, JA) determined a single-judge application dated 10th June 2025 by Charles Nzau Kyalo seeking leave to file a second appeal out of time. The applicant had been convicted by the Senior Resident Magistrate's Court at Siakago of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act and sentenced on 15th February 2024 to twenty years' imprisonment. His first appeal to the High Court at Embu (L. Njuguna, J.) was dismissed on 9th December 2024. By the time he resolved to lodge a second appeal to the Court of Appeal, the fourteen-day window for filing a notice of appeal had expired, prompting the extension application. When served with the application and hearing notice, the State, through learned prosecution counsel Mr. Naulikha (SADPP), raised no objection to the grant of leave. Relying on that concession and finding that the delay in bringing the application after the dismissal of the first appeal was not inordinate, the Court allowed the application on 25th July 2025 and directed the applicant to file his notice of appeal within fourteen days. No costs order was made and no authorities were cited. The ruling is a short procedural decision and sets out no extensive legal doctrine beyond the unremarkable proposition that unopposed applications with non-inordinate delay will ordinarily be granted leave.

Key legal issues

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01

Extension of time to file a notice of appeal

Holding

Leave to file the appeal out of time was granted, the State having raised no objection and the delay not being inordinate.

Reasoning

The applicant was convicted and sentenced to 20 years' imprisonment by the Senior Resident Magistrate's Court at Siakago; his first appeal to the High Court at Embu was dismissed on 9th December 2024. The 14-day period for filing a notice of appeal expired before he could institute the second appeal, prompting the application dated 10th June 2025. When served, prosecution counsel indicated no objection to the grant of leave. The Court found the delay between the dismissal of the first appeal and the application was not inordinate and, relying on the concession, allowed the application with a directive to file the notice of appeal within 14 days.

p. 1

Legal principles established

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  • Where the State concedes to an extension-of-time application and the delay is not inordinate, leave to file the appeal out of time may properly be granted.

Court orders

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  1. 1.The application dated 10th June 2025 is allowed
  2. 2.The applicant to file his notice of appeal within 14 days of the date of the ruling
On appeal from
High Court of Kenya at Embu
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Jurisdiction invoked
Inherent leave jurisdiction of the Court of Appeal to extend time for filing a notice of appeal (second appeal against conviction and sentence under the Sexual Offences Act)

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, "Charles Nzau Kyalo v Republic", Case Analysis (2025). Criminal Application (Appeal) dated 10th June 2025 (arising from second appeal to the Court of Appeal, Nyeri). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1370/eng@2025-07-25

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