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Court of AppealAllowedCriminal Application (Motion under rule 4 of the Court of Appeal Rules) - number not stated in the judgment· [2025] KECA 1749 (KLR)

John Gathambo Mukuha v Republic

Court of Appeal of Kenya
24 October 2025
SKS. ole Kantai
556 words in judgment
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The bottom line

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Kenya's Court of Appeal gave an unrepresented prisoner more time to appeal and waived his court fees, showing courts protect access to justice for indigent applicants.

What this practically means

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Executive summary

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This is a single-judge (Rule 4) decision of the Court of Appeal at Nyeri delivered by S. ole Kantai, JA, on 24 October 2025. The applicant, John Gathambo Mukuha, a convict serving a death sentence for robbery with violence whose first appeal to the High Court at Kerugoya had been dismissed, sought an extension of time to lodge an appeal, an order deeming his out-of-time notice of appeal as properly filed, waiver of court fees on the ground that he was a pauper, and supply of the original trial court records to enable him prepare a Memorandum of Appeal. The respondent did not oppose the application. The court applied the classic principles from Leo Sila Mutiso v Rose Hellen Wangari Mwangi - the length of the delay, the reason for the delay, the chances of success of the appeal, and the prejudice to the respondent. Observing that the applicant was unrepresented and lacked facilities in prison to meet the timeliness required by the rules, and that the delay was attributable to the non-supply of proceedings and judgment, the court exercised its discretion in his favour. The Motion was allowed: notice of appeal was to be filed within fourteen days and the record of appeal within twenty-one days thereafter; the Registry was directed to supply the proceedings and judgment of the lower courts; and court fees were waived. No decision on the merits of the intended appeal was made, and no costs order was issued.

Key legal issues

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01

Extension of time to appeal under rule 4 of the Court of Appeal Rules

Holding

The court exercised its discretion in favour of an unrepresented prison inmate who was not supplied with proceedings and judgment in time, notwithstanding the absence of a stated date when the first appeal was dismissed.

Reasoning

The court applied the settled principles in Leo Sila Mutiso v Rose Hellen Wangari Mwangi: length of delay, reason for delay, chances of success and prejudice to the respondent. The applicant was in prison custody, unrepresented, and lacked facilities to comply with timeliness; his delay was explained by non-supply of records. The respondent did not oppose the application, so no prejudice arose.

p. 2
02

Waiver of court fees for an indigent applicant

Holding

Fees were waived where the applicant, a convicted prisoner, stated he was a pauper.

Reasoning

The applicant averred that he was in prison custody and unable to pay fees, therefore a pauper, and that his constitutional right of appeal would be threatened if the application were not granted. The court accepted the applicant's unchallenged assertion, noting the respondent did not oppose the application, and waived the fees to secure access to the appellate process.

p. 2

Legal principles established

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  • The decision whether or not to extend time for appealing is discretionary, and the court considers 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 is allowed
  2. 2.Notice of appeal to be filed within fourteen (14) days of the date of the ruling
  3. 3.Record of appeal to be filed within twenty-one (21) days thereafter
  4. 4.The Court Registry to supply the applicant with the proceedings and judgment of the lower courts
  5. 5.Court fees waived on the ground that the applicant is a pauper
On appeal from
High Court of Kenya at Kerugoya
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time)

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, "John Gathambo Mukuha v Republic", Case Analysis (2025). Criminal Application (Motion under rule 4 of the Court of Appeal Rules) - number not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1749/eng@2025-10-24

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