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Court of AppealAllowedNot stated in the judgment

Ogejo v Republic (Criminal Application E030 of 2025) [2025] KECA 1682 (KLR)

Court of Appeal of Kenya
21 October 2025
LKL. Kimaru
234 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal let a man serving a life sentence file his appeal late because missing typed court documents, not neglect, caused the delay.

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 Kisumu delivered on 21st October 2025 in an application by Kelvin Otieno Ogejo for extension of time to file an appeal. The applicant had been convicted of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to life imprisonment by the High Court at Siaya on 16th September 2021. He sought the Court's discretion under Rule 4 of the Court of Appeal Rules to file his appeal out of time, explaining that he had been unable to secure typed copies of the proceedings and judgment in time to mount the appeal. The respondent did not oppose the application. The Court exercised its discretion in the applicant's favour, finding that the reason given for the delay was satisfactory and that the applicant's life sentence weighed in its decision, since he should be enabled to pursue his constitutional right of appeal and exhaust all legal avenues available to him. The Court granted leave to appeal out of time and directed that the notice of appeal be filed and served within fourteen days of the date of the ruling. No costs order was made, no authorities were cited, and no decision below was disturbed, as the judgment addressed only the procedural question of extension of time; the substantive appeal remains to be heard.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant should be granted leave to file his appeal out of time under Rule 4 of the Court's Rules

Key legal issues

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01

Extension of time to file an appeal

Holding

The Court exercised its discretion in favour of the applicant where the delay was occasioned by the inability to secure typed proceedings and judgment, and the application was unopposed.

Reasoning

The applicant, convicted of murder and sentenced to life imprisonment, explained the delay by his failure to obtain typed copies of the proceedings and judgment. The respondent did not oppose the application. The Court weighed the applicant's life sentence and his constitutional right of appeal, and granted the extension with directions on filing the notice of appeal within fourteen days.

p. 1

Legal principles established

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  • An applicant's inability to secure typed copies of the proceedings and judgment is a valid reason justifying extension of time to appeal, and an applicant serving a life sentence should be given the chance to exhaust all legal avenues of appeal.

Court orders

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  1. 1.Leave granted to the applicant to appeal out of time
  2. 2.The applicant to file and serve the notice of appeal within fourteen (14) days of the date of the ruling

The bench

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One judgment of the whole court — no separate or dissenting opinions.

LK
majority

Wrote the judgment

On appeal from
High Court of Kenya
Not stated in the judgment
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time jurisdiction)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The applicant is granted leave to appeal out of time. He shall file and serve the notice of appeal within fourteen (14) days of today’s date.
p. 1final orders - extension of time granted
The applicant should be given the chance to ventilate and exhaust all the legal avenues available to him on appeal.
p. 1constitutional right of appeal of a life-sentence prisoner

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, "Ogejo v Republic (Criminal Application E030 of 2025) [2025] KECA 1682 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1682/eng@2025-10-21

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