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Court of AppealAllowedCriminal Appeal (Extension of Time Application) dated 6th December 2024, Court of Appeal at Kisumu· [2025] KECA 1424 (KLR)

Pamba v Republic (Criminal Application E169 of 2024) [2025] KECA 1424 (KLR)

Court of Appeal of Kenya

31 July 2025

ASAsike-Makhandia

317 words in judgment

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The bottom line

The Court of Appeal gave a life-sentenced prisoner 45 more days to file his murder appeal because he could not afford the record preparation fee.

What this practically means

Executive summary

This is a single-judge ruling of the Court of Appeal at Kisumu, delivered by Asike-Makhandia, JA, on an application dated 6th December 2024 seeking leave for extension of time to file an appeal out of time. The applicant, Emmanuel Otieno Pamba, had been tried and convicted in the High Court at Siaya on two counts of murder contrary to Section 203 as read with Section 204 of the Penal Code and sentenced to life imprisonment. His explanation for the delay was that, as a pauper, he was unable to raise the Kshs.50,000/- demanded by the High Court at Siaya for preparation of the record of appeal within time. When served, the respondent did not oppose the application; it perused the Notice of Motion, conceded that the intended appeal challenging the conviction and life sentence was not frivolous, and considered that for a person imprisoned for life the lapsed period in filing was not inordinate. It accordingly had no objection to the court exercising its discretion to grant the application. In the circumstances, the court granted the extension of time by consent of the parties, directing the applicant to lodge and serve the Notice and record of appeal within forty-five (45) days from the date of the ruling. No costs order was made. The ruling is interlocutory in nature and does not disturb the High Court's conviction or sentence; it merely opens the door to a substantive appeal. No authorities were cited.

Key legal issues

Extension of time to file an appeal out of time

Holding

The court granted the extension by consent, the respondent having conceded the appeal was not frivolous and the delay not inordinate, and the applicant explaining that as a pauper he could not raise the Kshs.50,000/- demanded for preparation of the record of appeal.

Reasoning

The applicant's explanation for the delay was his inability, as a pauper, to raise the Kshs.50,000/- demanded by the High Court at Siaya for preparation of the record of appeal. The respondent did not oppose the application, perusing the notice and conceding that the intended appeal challenging the conviction and life sentence was not frivolous and that the lapsed period was not inordinate for a person imprisoned for life. With both parties aligned, the court granted the extension by consent with a 45-day timeline.

p. 2

Legal principles established

Where the respondent concedes that an intended appeal is not frivolous and the delay is not inordinate, and both parties consent, the court may grant an extension of time to lodge and serve the notice and record of appeal.

Court orders

1.Extension of time granted to the applicant, by consent of the parties, within which to lodge and serve the Notice as well as the record of appeal, within forty-five (45) days from the date of the Ruling

Authorities

Legislation

Penal CodeSection 203 as read with Section 204

On appeal from: High Court of Kenya at Siaya; null
Jurisdiction invoked: Appellate jurisdiction of the Court of Appeal over an appeal from a High Court murder conviction, with the court exercising its discretion to extend time for filing an appeal out of time

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Pamba v Republic (Criminal Application E169 of 2024) [2025] KECA 1424 (KLR)", Case Analysis (2025). Criminal Appeal (Extension of Time Application) dated 6th December 2024, Court of Appeal at Kisumu. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1424/eng@2025-07-31

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