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Court of AppealAllowedCourt of Appeal Criminal Application (Nakuru) arising from Notice of Motion dated 14th April 2025

Kirui v Republic (Criminal Application E053 of 2025) [2025] KECA 1890 (KLR)

Court of Appeal of Kenya
11 November 2025
573 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal gave a prisoner nearly a year late permission to appeal, ruling his 11-month delay was not unreasonable given his 30-year sentence.

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 Nakuru delivered by J. Mativo, JA, on an application by Jackson Cheruiyot Kirui for extension of time to file an appeal. The applicant was convicted of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act in Narok CMCCR Case No. SO 48 of 2019 and sentenced to life imprisonment. His first appeal to the High Court (CRA No. E011 of 2022) partially succeeded: conviction upheld, but the life sentence was set aside and substituted with 30 years' imprisonment. Aggrieved, he failed to lodge a notice of appeal within the statutory 14 days, attributing the delay to late supply of the High Court proceedings and judgment. Counsel for the DPP opposed, arguing the delay was unexplained and that the applicant was serving an illegal sentence. Applying Rule 4 of the Court of Appeal Rules, 2022 and the principles in Nicholas Kiptoo Arap Korir Salat v IEBC, the Court held that judicial discretion must be exercised on some grounds, and whether the grounds are sufficient is for the Court itself. Although it found the explanation unconvincing for failure to show a request for the record was ignored, the Court held that the delay of almost 11 months was not inordinate given the applicant's 30-year custodial sentence, and allowed the application, directing that the appeal be filed within 45 days. No costs order was made.

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 has satisfied the principles for extension of time to file an appeal out of the statutory period, including whether his explanation for the delay warrants the exercise of the Court's discretion in his favour.

Key legal issues

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01

Whether the applicant's explanation for the delay justified extension of time under Rule 4 of the Court of Appeal Rules, 2022.

Holding

Although the applicant's explanation (non-supply of proceedings and judgment) was found unconvincing because he did not demonstrate that he requested the record and was ignored, the Court nevertheless exercised its discretion in his favour, holding that the delay of almost 11 months was not inordinate given that he is serving a 30-year sentence.

Reasoning

The Court applied the Salat principles, noting that extension of time entails judicial discretion that must be exercised judicially on some grounds. It found the applicant's explanation unconvincing for failure to show a request for the record was ignored, but concluded the delay was not inordinate in light of the custodial sentence being served, and granted leave to file the appeal within 45 days.

p. 2

Legal principles established

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  • An applicant for extension of time must explain the reasons for the delay and any extenuating circumstances; a judicial discretion cannot be exercised on no grounds, and whether grounds advanced are sufficient is for the Court to determine.
  • Under Rule 4 of the Court of Appeal Rules, 2022, the Court's discretion to extend time is unfettered and may be exercised before or after the doing of the act, on such terms as the Court thinks just.

Court orders

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  1. 1.The application dated 14th April 2025 is allowed.
  2. 2.The applicant shall file his appeal within 45 days from the date of the ruling.

The bench

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

majority

Wrote the judgment

On appeal from
High Court of Kenya
CRA No. E011 of 2022
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules, 2022 (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.

It is incumbent upon the applicant to explain the reasons for delay in making the application for extension and whether there are any extenuating circumstances that can enable the Court to exercise its discretion in favour of the applicant.
p. 2Principles for extension of time (as stated in Salat vs IEBC)
Accordingly, the application dated 14th April 2025 is hereby allowed. The applicant shall file his appeal within 45 days from the date of this ruling.
p. 2Final orders

Issues in the judgment

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minor

Internal tension: the Court describes the applicant's explanation as unconvincing yet proceeds to find the delay not inordinate and grants the application.

minor

The Sexual Offences Act provision is cited incompletely in the judgment ('section 8 (1) as read with 8'), leaving the substituted sub-section unstated.

minor

The DPP's assertion that the applicant is serving an illegal sentence conflicts with the record that the High Court lawfully substituted the life sentence with 30 years; the Court made no finding on this.

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, "Kirui v Republic (Criminal Application E053 of 2025) [2025] KECA 1890 (KLR)", Case Analysis (2025). Court of Appeal Criminal Application (Nakuru) arising from Notice of Motion dated 14th April 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1890/eng@2025-11-11

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