Peter Kerongo Kerongo Alias Masese v Republic
The bottom line
#Kenya's Court of Appeal gave a murder convict more time to file his appeal because the prosecution did not oppose the request.
What this practically means
#Executive summary
#Key legal issues
#Whether to extend time to lodge a notice of appeal against a conviction and sentence for murder
The court allowed the unopposed application and granted leave to file the notice of appeal out of time, with fourteen days to file and serve.
The applicant was convicted of murder and sentenced to twenty-five years imprisonment by the High Court at Kisii on 11th July 2023 and wished to appeal to the Court of Appeal. The application was brought under Rule 4 of the Court of Appeal Rules and was not opposed; the prosecution counsel swore a replying affidavit indicating the decision not to oppose it. On that basis the court found the application had merit, allowed it, and directed that the notice of appeal be filed and served within fourteen days.
Legal principles established
#- Where an extension-of-time application under Rule 4 is unopposed by the Director of Public Prosecutions and has merit, the court will allow it and grant leave to lodge the notice of appeal out of time.
Court orders
#- 1.Application allowed
- 2.Leave granted to lodge the notice of appeal out of time
- 3.Notice of appeal to be filed and served within fourteen (14) days of the date of the order
- On appeal from
- High Court of Kenya at Kisii
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time to lodge appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Kerongo Kerongo Alias Masese v Republic", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1981/eng@2025-11-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.