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Court of AppealDismissedNotice of Motion dated 6th June 2024 (Criminal Application, Eldoret)· [2026] KECA 293 (KLR)

Leonard Mukunza v Republic

Court of Appeal of Kenya
20 February 2026
MGM. Gachoka
514 words in judgment
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The bottom line

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Kenya's Court of Appeal refused a murder convict's request to file a late appeal because nearly six years of delay went unexplained, even though prosecutors raised no objection.

What this practically means

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Executive summary

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The applicant, convicted of murder contrary to sections 203 and 204 of the Penal Code by the Eldoret High Court on 27th June 2018, sought leave under rule 4 of the Court of Appeal Rules, 2022 to appeal out of time against that conviction and sentence. He attributed the delay to not being supplied with the High Court judgment in time and filed a notice of appeal and a homemade memorandum of appeal raising three grounds. The respondent, through Principal Prosecution Counsel Mr. S.G Thuo, did not oppose the application, submitting in written submissions that the delay was plausible given the applicant's incarceration and that he deserved the exercise of the court's discretion. Gachoka, JA, delivering the court's decision at Eldoret on 20th February 2026, restated the rule 4 principles, citing Henry Mukora Mwangi v Charles Gichina Mwangi: the discretion is wide and its guiding principles non-exhaustive, encompassing the length of and reasons for delay, prejudice, the parties' conduct and the chances of success. The court characterised the application as scanty, found the delay of nearly six years inordinate, and held that a bare assertion of late supply of proceedings was insufficient, particularly as the applicant showed no steps to bespeak proceedings, seek prison assistance or legal aid. The duty to explain the entire period of delay rested on the applicant and was not discharged. The application was dismissed. No costs order was made and the underlying proposed appeal therefore remains before the court only if extension is later granted.

Key legal issues

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01

Whether the nearly six-year delay in filing the application for leave to appeal out of time was excusable

Holding

The delay was inordinate and unexplained; the application failed

Reasoning

The impugned judgment was delivered on 27th June 2018 but the application was filed on 6th June 2024. The only explanation offered was failure to be supplied with the High Court judgment in time. The court held this insufficient, noting there was no evidence of steps such as bespeaking proceedings, petitioning the prison authorities for assistance or seeking legal aid. The respondent did not oppose, but the court still required a satisfactory explanation for the whole period of delay.

p. 2

Legal principles established

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  • The discretion under rule 4 of the Court of Appeal Rules, 2022 is wide and its guiding principles are not exhaustive, but the applicant bears the duty to explain the entire period of delay.
  • A bare assertion of not being supplied with the judgment or proceedings in time is insufficient to explain inordinate delay; the applicant must show concrete steps taken to pursue the appeal.

Court orders

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  1. 1.The application for leave to appeal out of time is dismissed
On appeal from
High Court of Kenya at Eldoret
HCCRA No. 59 of 2018
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules, 2022 (extension of time to appeal)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Leonard Mukunza v Republic", Case Analysis (2026). Notice of Motion dated 6th June 2024 (Criminal Application, Eldoret). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/293/eng@2026-02-20

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