Kosgei v Republic (Criminal Application E025 of 2025) [2026] KECA 276 (KLR)
The bottom line
#Kenya's Court of Appeal allowed a prisoner to appeal late because he was never given the judgment and proceedings he needed to file on time.
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 has offered a plausible and satisfactory reason for the delay warranting extension of time to file his appeal
Key legal issues
#Whether extension of time to file an appeal should be granted
Extension of time granted; the delay was explained by non-supply of the judgment and proceedings, and the respondent conceded the application.
The applicant explained that although he desired to appeal, he was not supplied with a copy of the High Court judgment and the trial court proceedings, which caused the delay. The respondent's counsel conceded the application in written submissions dated 10th February 2025. Finding the reason plausible and satisfactory, the single judge exercised discretion in the applicant's favour, admitted the notice and memorandum of appeal out of time as properly filed, and directed filing of the record of appeal within 60 days.
Legal principles established
#- Where a plausible and satisfactory reason is offered for delay in filing an appeal, the Court may exercise its discretion in favour of the applicant and admit the appeal out of time; this interlocutory discretion ruling does not establish a binding precedent on lower courts.
Court orders
#- 1.The notice of appeal and the memorandum of appeal filed herein be admitted out of time and the same be deemed as properly filed
- 2.The applicant is directed to file the record of appeal within 60 days from today
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court of Kenya
- Eldoret HCCRA No. 14 of 2019
- Jurisdiction invoked
- Inherent discretion to extend time for filing an appeal (rule-based extension-of-time jurisdiction of the Court of Appeal)
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.
I order that the notice of appeal and the memorandum of appeal filed herein be admitted out of time and the same be deemed as properly filed.
The applicant is directed to file the record of appeal within 60 days from today.
The reason in support of the application is plausible and satisfactory. I am inclined to exercise my discretion in the applicant's favour.
Issues in the judgment
#The judgment is dated 19th February 2026 although the application is dated 24th May 2024 and submissions dated 10th February 2025 - a substantial internal delay not explained on the face of the ruling.
The ruling does not state the case number of the application before the Court of Appeal, only the application date.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kosgei v Republic (Criminal Application E025 of 2025) [2026] KECA 276 (KLR)", Case Analysis (2026). Application dated 24th May 2024 (Eldoret). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/276/eng@2026-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.