Susan Nyawera Chege v Republic
The bottom line
#Kenya's Court of Appeal let an imprisoned man appeal years late and without paying, confirming that poverty and incarceration justify filing appeals out of time.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of close to three years in filing the notice and memorandum of appeal should be excused
Yes. Although the delay appears inordinate, the applicant's circumstances as an incarcerated person whose family cannot raise the funds for the record of appeal justify the extension, and the respondent will suffer no prejudice.
The court weighed the length of the delay (nearly three years) against the applicant's personal circumstances: incarceration and inability of his family to raise the amount required to prepare the record of appeal. It found the applicant's right to exhaust the appellate process constitutionally protected and held the respondent would have its day in court at the hearing of the intended appeal, so no prejudice would flow from granting the extension.
Whether the applicant should be permitted to appeal as a pauper
Yes, the application to appeal as a pauper was allowed together with the extension of time, in a single disposition.
The application sought leave to appeal out of time and as a pauper. The court accepted the claim of inability to raise the funds required to prepare the record of appeal due to incarceration and family poverty, and allowed the application as prayed, directing processing of the appeal within forty-five days.
Legal principles established
#- An incarcerated appellant has an undoubted constitutional right to exhaust the appellate process, and denial of an extension on that account would be prejudicial to the applicant where the respondent suffers no prejudice.
Court orders
#- 1.The application for leave to appeal out of time and as a pauper is allowed
- 2.The applicant is directed to process his appeal within forty-five days from the date of the ruling
- On appeal from
- High Court of Kenya at Bungoma
- Criminal Case No. 035 of 2010
- Jurisdiction invoked
- Inherent powers of the Court of Appeal to extend time under the Rules of this court (Court of Appeal Rules) and pauper provisions
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Susan Nyawera Chege v Republic", Case Analysis (2025). Criminal Application dated 6th November 2023 (Bungoma High Court Criminal Case No. 035 of 2010 appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2011/eng@2025-11-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.