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Court of AppealAllowedNot stated in the judgment

Bosire v Republic (Criminal Application E063 of 2024) [2025] KECA 1935 (KLR)

Court of Appeal of Kenya
20 November 2025
LKL. Kimaru
174 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 prisoner to appeal three years late because the prosecution didn't oppose it.

What this practically means

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Executive summary

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This is a short ruling of the Court of Appeal at Kisumu, delivered by L. Kimaru, JA, on an application by Jared Danvas Bosire for leave to appeal out of time under Rule 4 of the Court of Appeal Rules. The applicant had been charged, tried and convicted of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act and sentenced to forty years imprisonment. His first appeal to the High Court sitting at Kisii was dismissed on 23rd August 2022. He now wished to exercise his constitutional right of second appeal to the Court of Appeal and sought an extension of time within which to institute that appeal. The Director of Public Prosecutions did not oppose the application. The court found that the application had merit, granted the applicant leave to appeal out of time, and ordered that he file and serve the notice of appeal within fourteen days of the date of the ruling. The ruling was dated and delivered at Kisumu on 20th November 2025. No costs order was made, no authorities were cited, and the decision of the High Court was not disturbed at this interlocutory stage; it will fall for consideration in the substantive second appeal, if duly filed.

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 should be granted leave to appeal out of time against the High Court decision dismissing his first appeal

Key legal issues

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01

Whether leave to appeal out of time should be granted under Rule 4 of the Court of Appeal Rules

Holding

The application, brought under Rule 4 of the Court of Appeal Rules and unopposed by the Director of Public Prosecutions, was merited and leave was granted.

Reasoning

The applicant was convicted of defilement and sentenced to forty years imprisonment. His first appeal to the High Court at Kisii was dismissed on 23rd August 2022. He wished to exercise his right of second appeal to the Court of Appeal but needed an extension of time. The application was made under Rule 4 of the Court of Appeal Rules and was not opposed by the Director of Public Prosecutions. On those facts, the court found the application had merit, granted leave to appeal out of time, and directed that the notice of appeal be filed and served within fourteen days.

p. 1

Legal principles established

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  • Where an application for leave to appeal out of time is unopposed and has merit, the court may grant leave and direct the filing and service of the notice of appeal within a specified period

Court orders

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  1. 1.Leave granted to the applicant to appeal out of time
  2. 2.The applicant to file and serve the notice of appeal within fourteen (14) days of the date of the ruling

The bench

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

LK
majority

Wrote the judgment

On appeal from
High Court of Kenya at Kisii
Not stated in the judgment
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of 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 application is not opposed by the Director of Public Prosecutions.
p. 1Unopposed application
In the premises therefore, the application has merit. The applicant is granted leave to appeal out of time.
p. 1Disposition - leave granted
He shall file and serve the notice of appeal within fourteen (14) days of today’s date.
p. 1Final orders - timeline for notice of appeal

Issues in the judgment

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minor

The judgment does not state the case number of the application or of the proceedings below, and does not give the certified copy any neutral citation.

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, "Bosire v Republic (Criminal Application E063 of 2024) [2025] KECA 1935 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1935/eng@2025-11-20

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