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Court of AppealAllowedNot stated in the judgment

Wetoto v Republic (Criminal Application E002 of 2026) [2026] KECA 226 (KLR)

Court of Appeal of Kenya
10 February 2026
LKL. Kimaru
348 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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Kenya's Court of Appeal granted a prisoner extra days to appeal because a late judgment copy delayed him, confirming short, explained delays get forgiven.

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 Kisumu delivered by L. Kimaru, JA, on an application under Rule 4 of the Court of Appeal Rules for extension of time to lodge a notice of appeal out of time. The applicant, John Sifuna Wetoto, had been convicted of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act and sentenced to life imprisonment. His first appeal to the High Court was dismissed, judgment having been delivered on 19th December 2025. He wished to exercise his right of second appeal to the Court of Appeal but filed his application on 8th January 2026, shortly after the expiry of the period for lodging the notice of appeal. He attributed the delay to the Court's failure to avail him a copy of the judgment in time. The respondent, the Republic, did not oppose the application. The court reaffirmed its unfettered discretion under Rule 4 to extend time for doing anything outside prescribed periods, held that the delay of a couple of days was not inordinate and was excusable, and allowed the application. It granted the applicant extension of time to file the notice of appeal out of time, directing that the notice be filed and served within fourteen days of the date of the ruling. No costs order was made. This is an interlocutory decision; it does not disturb any decision below, and it binds no court on the merits of the intended appeal.

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 a notice of appeal out of time

Key legal issues

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01

Extension of time to lodge notice of appeal out of time

Holding

The application was allowed; the delay was short and excusable, being attributable to the delay in availing the applicant a copy of the judgment, and the respondent did not oppose the application.

Reasoning

The applicant explained that the delay in lodging the notice of appeal resulted from the Court failing to avail him a copy of the judgment in time to exercise his right of appeal. The application was filed on 8th January 2026, only a couple of days after the expiry of the period for lodging the notice. The court characterized the delay as neither inordinate nor unexplained, noted the respondent's non-opposition, and exercised its discretion in favour of the applicant.

p. 2

Legal principles established

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  • The Court of Appeal has an unfettered discretion under Rule 4 to grant or refuse an application for extension of time to do anything outside the period prescribed by the Rules, and a short, excusable delay supported by a reasonable explanation justifies extension.

Court orders

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  1. 1.Extension of time granted to file the notice of appeal out of time
  2. 2.The notice of appeal shall be filed and served within fourteen (14) days of the date of the ruling

The bench

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

LK
majority

Wrote the judgment

On appeal from
High Court
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time)

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.

This Court has unfettered discretion to grant or refuse an application for extension of time to have anything done outside the period prescribed by the Rules.
p. 1Discretion under Rule 4
The delay is not inordinate. It is excusable. The application has merit and is allowed.
p. 2Outcome on delay
The applicant is granted extension of time to file the notice of appeal out of time. The said notice of appeal shall be filed and served within fourteen (14) days of today’s date.
p. 2Final orders

Issues in the judgment

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minor

The application/case number of the motion before the Court is not stated in the judgment

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, "Wetoto v Republic (Criminal Application E002 of 2026) [2026] KECA 226 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/226/eng@2026-02-10

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