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Court of AppealAllowedCriminal Application dated 25th November 2025 (arising from Kericho HCCRA No. 26 of 2013)

Kibet v Republic (Criminal Application E085 of 2024) [2026] KECA 221 (KLR)

Court of Appeal of Kenya
12 February 2026
529 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 gave a life-sentence convict nearly six years late leave to appeal, putting access to justice above strict deadlines.

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 (Mativo, JA) on an application dated 25th November 2025 by Elijah Chepkwony Kibet, a murder convict sentenced to life imprisonment by the High Court at Kericho in HCCRA No. 26 of 2013, seeking extension of time to appeal out of time against his conviction and sentence. The applicant failed to lodge his notice of appeal within the statutory 14 days, claiming he had sent it but received no feedback, and that his family's efforts to secure an advocate were unsuccessful. The respondent did not oppose the application. Adopting the Supreme Court's guidance in Nicholas Kiptoo Arap Korir Salat v IEBC, the judge held that an applicant must explain the delay and show extenuating circumstances. The court found the delay of almost six years inordinate and the explanation implausible, since murder convicts are entitled to free legal representation and there was no proof a notice of appeal was actually forwarded to the registry. Nevertheless, exercising discretion, the court allowed the application on the ground that the applicant, serving a life sentence, should be afforded his right of second appeal, which may be his last chance in the judicial hierarchy. The application was allowed: the applicant was to file his notice of appeal within 14 days and the record of appeal within 60 days. No costs order was recorded. The decision below was not disturbed; this ruling concerns only extension of time.

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 extension of time to lodge an appeal out of time against his conviction and sentence for murder
  2. 2.Whether the applicant's explanation for the delay of almost six years was plausible

Key legal issues

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01

Whether the almost six-year delay in filing the notice of appeal was satisfactorily explained

Holding

The delay of almost six years was inordinate and the explanation offered was not plausible, as there was no proof that a notice of appeal was actually forwarded to the registry within 14 days.

Reasoning

The court found the applicant's claim that he sent his notice of appeal unsupported by proof, noting that murder convicts are entitled to free legal representation, which undermined the assertion that failure to secure an advocate caused the delay. Nonetheless, the court weighed the applicant's life sentence against the delay.

p. 2
02

Whether, notwithstanding inordinate delay, the discretion should nonetheless be exercised in favour of a life-sentence convict seeking a second appeal

Holding

The court allowed the application, holding it just and fair to afford the applicant the chance to exercise his right of second appeal, which may be his last chance under the judicial hierarchy.

Reasoning

Despite finding the delay inordinate and unexplained, the judge exercised discretion on equitable grounds: the applicant is serving a life sentence and a second appeal to the Court of Appeal may be his final opportunity in the judicial hierarchy, so closing the doors of justice would be unjust.

p. 2

Legal principles established

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  • An applicant for extension of time must explain the reasons for the delay and demonstrate extenuating circumstances justifying the exercise of the court's discretion in his favour.
  • Rule 4 of the Court of Appeal Rules confers an unfettered discretion on the Court to extend time for doing any act authorized or required by the Rules, whether before or after the doing of the act.

Court orders

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  1. 1.The application dated 25th November 2025 is allowed
  2. 2.The applicant shall file his notice of appeal, if not yet filed, within 14 days
  3. 3.The applicant shall file the record of appeal within 60 days from the date of the ruling

The bench

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

majority

Wrote the judgment

On appeal from
High Court of Kenya at Kericho
HCCRA No. 26 of 2013
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time to appeal against conviction and sentence)

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.

Accordingly, in exercise of my discretion, the application dated 25th November 2025 is hereby allowed. The applicant shall file his notice of appeal if not yet filed within 14 days and the record of appeal within 60 days from the date of this ruling. Orders accordingly.
p. 2Final orders allowing extension of time
Consequently, the delay of almost 6 years is inordinate. However, it is not lost to me that the applicant is currently serving a life sentence and it is only just and fair in the circumstances, to allow the applicant to exercise his right of second appeal to this Court
p. 2Inordinate delay weighed against access to justice for a life-sentence convict
It is incumbent upon the applicant to explain the reasons for delay in making the application for extension and whether there are any extenuating circumstances that can enable the Court to exercise its discretion in favour of the applicant.
p. 2Test for extension of time adopted from Salat v IEBC

Issues in the judgment

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minor

The application is dated 25th November 2025 but is described as seeking extension of time to appeal against a 2013 conviction; the supporting affidavit is described both as 'undated' and as 'dated 19th May 2025'.

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, "Kibet v Republic (Criminal Application E085 of 2024) [2026] KECA 221 (KLR)", Case Analysis (2026). Criminal Application dated 25th November 2025 (arising from Kericho HCCRA No. 26 of 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/221/eng@2026-02-12

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