Kibet v Republic (Criminal Application E085 of 2024) [2026] KECA 221 (KLR)
The bottom line
#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
#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 an appeal out of time against his conviction and sentence for murder
- 2.Whether the applicant's explanation for the delay of almost six years was plausible
Key legal issues
#Whether the almost six-year delay in filing the notice of appeal was satisfactorily explained
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.
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.
Whether, notwithstanding inordinate delay, the discretion should nonetheless be exercised in favour of a life-sentence convict seeking a second appeal
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.
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.
Legal principles established
#- 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
#- 1.The application dated 25th November 2025 is allowed
- 2.The applicant shall file his notice of appeal, if not yet filed, within 14 days
- 3.The applicant shall file the record of 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 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
#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.
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
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.
Issues in the judgment
#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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.