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Court of AppealAllowedNot stated in the judgment (application dated 5th May 2025)

Njenga v Republic (Criminal Application E062 of 2025) [2025] KECA 1899 (KLR)

Court of Appeal of Kenya
12 November 2025
JMJ. Mativo
486 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal allowed a two-year-late criminal appeal to proceed, confirming that even unopposed extension applications must satisfy established legal principles.

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 (J. Mativo, JA) on an application dated 5th May 2025 under Rule 4 of the Court of Appeal Rules seeking extension of time to appeal. The applicant, John Kigo Njenga, was convicted of defilement contrary to section 8(1) as read with 8(4) of the Sexual Offences Act and sentenced to 20 years imprisonment. His first appeal to the High Court at Naivasha (CRA No. E033 of 2021) was dismissed on both conviction and sentence on 13th April 2023. He failed to lodge a notice of appeal within the statutory 14 days, and sought extension roughly two years later, explaining that he was never supplied with a copy of the judgment in time. The State, through Mr. Omutelema, Senior Assistant Director of Public Prosecutions, conceded the application, pointing to the lengthy sentence. The court held that a concession does not relieve the applicant of the burden of satisfying the Salat principles: the explanation that judgment was not furnished was implausible because the applicant did not show he requested it and was ignored or refused. Nevertheless, exercising the unfettered Rule 4 discretion, and mindful of the applicant's right of appeal to what could be his last court in the hierarchy, the court allowed the application and directed that the appeal be filed within 45 days. No costs order was made. The decision does not disturb the High Court's judgment; it merely opens the door to a second appeal.

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 14-day period, notwithstanding the respondent's concession

Key legal issues

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01

Whether the applicant's explanation for the delay of two years was plausible

Holding

The explanation that the judgment was not supplied was found unpersuasive, but the court nevertheless exercised its discretion to extend time, having regard to the applicant's right of appeal to what could be his last court in the hierarchy.

Reasoning

Rule 4 of the Court of Appeal Rules confers an unfettered discretion to extend time, exercisable on such terms as the court thinks just. The Salat principles require an explanation for the delay. The court found the applicant's explanation wanting because he did not show he requested the judgment and was ignored or refused. Despite this, and despite the concession by the prosecution pointing to the lengthy 20-year sentence, the court weighed the applicant's right of appeal in the criminal context and allowed the application on terms of 45 days.

p. 2

Legal principles established

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  • Even where an extension-of-time application is unopposed or conceded, the applicant must still satisfy the established principles governing extension of time.
  • An applicant for extension of time must explain the reasons for the delay and show extenuating circumstances.

Court orders

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  1. 1.The application dated 5th May 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.

JM
majority

Wrote the judgment

On appeal from
High Court at Naivasha
CRA No. E033 of 2021
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (inherent discretionary jurisdiction to extend time)

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 explanation by the applicant that he was not furnished with a copy of judgment is not plausible, since the applicant has not demonstrated that he requested for the judgment and his request was ignored and/or declined.
p. 2Burden on applicant to substantiate explanation for delay
However, despite the delay of two years, I’m inclined to exercise my discretion in the applicant’s favour. This will afiord the applicant the chance to exercise his right of appeal to this Court which could be his last appeal in our court hierarchy.
p. 2Discretion exercised in favour of access to appellate justice
Accordingly, the application dated 5th May 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

The judgment refers to delivery at Nakuru while the history mentions the High Court at Naivasha; the immediate appellate station and case number of this application are not stated in the header of the excerpt.

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, "Njenga v Republic (Criminal Application E062 of 2025) [2025] KECA 1899 (KLR)", Case Analysis (2025). Not stated in the judgment (application dated 5th May 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1899/eng@2025-11-12

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