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Court of AppealAllowedNotice of Motion dated 30th September 2025, arising from Bomet High Court HCCRC No. 21 of 2023· [2025] KECA 1927 (KLR)

Kipkorir Langat Alias Peter v Republic

Court of Appeal of Kenya
19 November 2025
548 words in judgment
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The bottom line

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Kenya's Court of Appeal allowed a convicted person to appeal two years late because he never received the judgment, and the State didn't object.

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 on 19 November 2025 by M. Gachoka JA on a Notice of Motion dated 30 September 2025 seeking leave to appeal out of time against conviction and sentence. The applicant had been tried and convicted by the Bomet High Court (R. Korir J) in HCCRC No. 21 of 2023 on two counts of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to 50 years' imprisonment on each count, the sentences to run concurrently. He attributed the two-year delay in filing his intended appeal to non-receipt of the judgment and proceedings, and invoked Article 50(2)(q) of the Constitution, arguing the respondent would suffer no prejudice. The State, through Senior Assistant Director of Public Prosecutions Mr. Omutelema, did not oppose the application, noting the length of the sentence. The court applied rule 4 of the Court of Appeal Rules, 2022, restating the well-settled, non-exhaustive factors governing extension of time drawn from Fahir Mohammed v Joseph Mugambi and the earlier line of authority. Satisfied that the threshold was met, it held the inordinate two-year delay excusable and granted the extension, directing that the notice of appeal be filed within 14 days and the record of appeal filed and served within 30 days thereafter. No costs order was made and no decision below was disturbed, this being an interlocutory procedural application rather than a determination of the appeal itself.

Key legal issues

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Whether a two-year delay in filing an intended appeal against conviction and sentence is excusable where the applicant lacked judgment and proceedings and the State did not oppose

Holding

Yes - the discretion under rule 4 was exercised in the applicant's favour; the inordinate two-year delay was excusable on the explanation given and the respondent raised no prejudice.

Reasoning

The court applied the settled principles under rule 4, noting the discretion is unfettered and factors are non-exhaustive. The applicant explained the delay by non-receipt of the judgment and proceedings. The State, through counsel, did not oppose the application given the lengthy 50-year concurrent sentences. Satisfied the threshold was met, the court granted extension with defined timelines.

p. 2

Legal principles established

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  • In exercising discretion under rule 4 to extend time, the court considers an open, non-exhaustive list of relevant factors including period and reason for delay, chances of appeal succeeding, prejudice to the respondent, effect on public administration, importance of compliance with time limits, resources of the parties and public importance.

Court orders

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  1. 1.Leave granted to appeal out of time (application allowed)
  2. 2.Applicant to file his notice of appeal within 14 days from the date of the order
  3. 3.Record of appeal to be filed and served within 30 days thereafter
On appeal from
High Court of Kenya, Bomet
HCCRC No. 21 of 2023
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules, 2022; Article 50(2)(q) of the Constitution invoked by the applicant

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, "Kipkorir Langat Alias Peter v Republic", Case Analysis (2025). Notice of Motion dated 30th September 2025, arising from Bomet High Court HCCRC No. 21 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1927/eng@2025-11-19

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