Elijah Kamau Ndung'u v Republic
The bottom line
#Kenya's Court of Appeal granted a convicted man more time to appeal because he filed promptly after receiving the judgment, and no one was prejudiced.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file an appeal against conviction and sentence
The applicant's explanation — that he received the impugned judgment only on 1st August 2025 and filed the application the next day — was satisfactory, the respondent did not oppose, and the discretion under Rule 4 was exercised in his favour.
The single judge considered the application, supporting affidavit, the period of delay, the respondent's submissions and the law. The applicant showed he was furnished with the High Court judgment on 1st August 2025 and moved the following day, demonstrating promptitude. The respondent, through Senior Assistant Director of Public Prosecutions Mr. Omutelema, did not oppose, considering the explanation for delay satisfactory. No prejudice was identified.
Legal principles established
#- Under Rule 4, the Court may extend time limited by the Rules for doing any act, whether before or after the doing of the act, and the exercise of the discretion turns on the explanation for delay and prejudice to the other party.
Court orders
#- 1.Leave granted to appeal out of time by extension of the time limited for filing the appeal
- 2.Applicant directed to file his notice of appeal within 14 days from the date of the order
- 3.Record of appeal to be filed and served within 30 days thereafter
- On appeal from
- High Court of Kenya at Naivasha
- HCCRA No. E045 of 2024
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Elijah Kamau Ndung'u v Republic", Case Analysis (2025). Criminal Application (Court of Appeal, Nakuru) — Notice of Motion dated 2nd August 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1910/eng@2025-11-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.