Rochoni v Republic (Criminal Application E091 of 2025) [2026] KECA 219 (KLR)
The bottom line
#Kenya's Court of Appeal granted a two-month-delayed appeal extension, confirming courts will accept a plausible explanation like late receipt of a judgment.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant should be granted extension of time to lodge a notice and petition of appeal to the Court of Appeal against the High Court judgment in HCCRA No. E019 of 2024
- 2.Whether the delay of approximately two months in filing the application is inordinate and whether it has been satisfactorily explained
Key legal issues
#Whether the delay of almost two months in applying for extension of time was inordinate and satisfactorily explained
The delay of almost two months was not inordinate, and the applicant's explanation that he was delayed in receiving a copy of the High Court judgment was satisfactory, justifying the exercise of discretion in his favour.
Rule 4 of the Court of Appeal Rules confers an unfettered discretion to extend time on such terms as the court thinks just. Adopting the Supreme Court's guidance in Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet, no minimum or maximum period of delay is prescribed; what matters is a plausible and satisfactory explanation. The applicant attributed the delay to late receipt of the High Court judgment. The State conceded the application, noting the two-month delay was not inordinate. On those facts the court found the explanation plausible and exercised its discretion to extend time.
Legal principles established
#- The discretion under Rule 4 of the Court of Appeal Rules to extend time is unfettered, but it must be exercised on valid and clear reasons, with a satisfactory explanation of delay being the key to its favourable exercise.
Court orders
#- 1.The application dated 18th November 2025 is allowed
- 2.The applicant shall file his notice of appeal within the next 14 days
- 3.The applicant shall file his appeal within 60 days from the date of the ruling
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court
- HCCRA No. E019 of 2024
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (discretion to extend time)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Accordingly, the application dated 18th November 2025 is hereby allowed. The applicant shall file his notice of appeal within the next 14 days, and file his appeal within 60 days from the date of this ruling.
A plausible and satisfactory explanation for delay is the key that unlocks the court's fiow of discretionary favour. There has to be valid and clear reasons, upon which discretion can be favourably exercisable.
Rule 4 of the Court of Appeal Rules gives the Court unfettered discretion to extend the time limited by these Rules, or by any decision of the Court or of a superior Court, for the doing of any act authorized or required by these Rules
Issues in the judgment
#The judgment records the respondent's written submissions as dated 17th November 2025, one day before the applicant's application of 18th November 2025 that they respond to.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rochoni v Republic (Criminal Application E091 of 2025) [2026] KECA 219 (KLR)", Case Analysis (2026). Criminal Application (Extension of Time) dated 18th November 2025, arising from HCCRA No. E019 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/219/eng@2026-02-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.