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Court of AppealStruck OutCriminal Application No. E058 of 2025 (as referenced; notice of motion dated 20th November, 2025)

Ngugi v Republic (Criminal Application E094 of 2025) [2026] KECA 223 (KLR)

Court of Appeal of Kenya
12 February 2026
JMJ. Mativo
314 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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The Court of Appeal struck out a prisoner's second attempt to extend time to appeal because he ignored the court's prior instructions on filing it properly.

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 delivered by Mativo, JA on 12th February 2026, dealing with a notice of motion dated 20th November 2025 in which Peter Kieru Kariuki sought extension of time to appeal to the Court of Appeal against the dismissal of his appeal in HCCRA No. E007 of 2023. The applicant had been convicted by the Chief Magistrates' Court at Engineer of defilement contrary to section 8(1) as read with section 8(4) of the Sexual Offences Act and sentenced to twenty years' imprisonment; his High Court appeal against both conviction and sentence was dismissed, and he failed to lodge a notice of appeal within the statutory fourteen days. The State, through Mr. Omutelema, Senior Assistant Director of Public Prosecutions, opposed the application on the ground that the applicant had not provided a copy of the High Court judgment as previously directed. The court noted that the application replicated Criminal Application No. E058 of 2025, dismissed by Gachoka, JA on 11th November 2025, when leave had been granted to file a fresh application with full details of the date of the High Court judgment - a direction the applicant never complied with. Holding that the applicant's non-compliance with the Court's directions precluded the exercise of discretion, the judge struck out the notice of motion. No costs order was made. The decision below was not disturbed; the application was struck out on procedural grounds without consideration of the merits.

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 had complied with the Court's prior directions so as to warrant the exercise of discretion to extend time to file a notice of appeal
  2. 2.Whether the application should be struck out for replicating a previously dismissed application and for non-compliance with directions

Key legal issues

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01

Compliance with prior directions as a precondition to exercise of the discretion to extend time

Holding

Where a fresh extension-of-time application replicates one already dismissed and the applicant has not complied with directions previously given (to provide the High Court judgment with full details of the date of judgment), the Court declines to exercise its discretion and strikes out the application.

Reasoning

The applicant had previously applied for the same orders in Criminal Application No. E058 of 2025, which Gachoka, JA dismissed on 11th November 2025 but with leave to file a fresh application containing full details of the High Court judgment date. The applicant did not comply. Non-compliance with the Court's directions disentitled the applicant from the exercise of judicial discretion, and the notice of motion was struck out rather than considered on its merits.

p. 2

Legal principles established

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  • An applicant for extension of time must comply with the Court's directions, including furnishing full details such as the date of the judgment appealed from, before the Court will exercise its discretion.

Court orders

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  1. 1.The notice of motion dated 20th November, 2025 is struck out

The bench

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

JM
majority

Wrote the judgment

On appeal from
High Court of Kenya
HCCRA No. E007 of 2023
Jurisdiction invoked
Inherent discretion of the Court of Appeal to extend time for filing an appeal (rules governing extension of time under the Court of Appeal procedure; exact rule not cited in the judgment)

Relief refused

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Extension of time to appeal to the Court of Appeal against the judgment in HCCRA No. E007 of 2023

The application replicated an earlier dismissed application and the applicant failed to comply with prior directions to provide the High Court judgment with full details of the date of judgment; the court was therefore unable to exercise its discretion.

p. 2

Costs

No costs order made in the judgment

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.

In light of the applicant's non-compliances with the Court's directions, I am unable to exercise my discretion. The notice of motion dated 20th November, 2025 is hereby struck out.
p. 2Final orders - striking out of extension of time application
It is also noteworthy that while dismissing the applicant's application, the applicant was granted leave to file a fresh application with full details on the date of judgment of the High Court. The applicant has not complied with the said directions.
p. 1Non-compliance with prior directions

Issues in the judgment

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minor

The trial court case number is inconsistently rendered as 'Criminal Case No. E088 of 20022 at Engineer' - the year '20022' appears to be a typographical error.

minor

The word 'offence' is misprinted as 'ofience' in the judgment.

minor

The application is dated 20th November 2025 and the referenced prior application is 'Criminal Application No. E058 of 2025', yet the present case number field in the judgment is not independently stated; the identification of the present application number relies on inference.

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, "Ngugi v Republic (Criminal Application E094 of 2025) [2026] KECA 223 (KLR)", Case Analysis (2026). Criminal Application No. E058 of 2025 (as referenced; notice of motion dated 20th November, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/223/eng@2026-02-12

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