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Court of AppealAllowedNot stated in judgment

Matiko v Republic (Criminal Application E37 of 2025) [2026] KECA 310 (KLR)

Court of Appeal of Kenya
19 February 2026
LKL. Kimaru
375 words in judgment
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·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal allowed a life-sentence prisoner extra time to appeal, citing delayed court records and an unopposed application under Rule 4.

What this practically means

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Executive summary

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The applicant, Dickson Mugosi Matiko, was convicted of robbery with violence contrary to section 296(2) of the Penal Code and is serving life imprisonment. His first appeal to the High Court at Kisii was dismissed on 31st July 2014. He then sought leave from the Court of Appeal at Kisumu to file a second appeal out of time. He explained the delay by citing the High Court's failure to supply him in time with certified typed copies of the proceedings and judgment. He also stated that he had filed a similar application on 1st August 2023 but was never told of its outcome; the Court Registry's records showed that the earlier attempt to file was unsuccessful and did not appear in the Court's records system. The respondent did not oppose the application. Relying on Rule 4 of the Court of Appeal Rules, which confers jurisdiction to extend time for any step prescribed by the Rules, the Court found the applicant genuinely desirous of ventilating his appeal and persuaded that, in view of the life sentence he is serving, he should be given a chance to present his appeal. The application was allowed in its entirety: the applicant was granted leave to appeal out of time, and the notice of appeal was to be filed and served within fourteen days. No costs order was made. The decision below was not disturbed, as this was an interlocutory extension-of-time application rather than the appeal itself.

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 leave to file his appeal out of time

Key legal issues

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01

Extension of time to file an appeal

Holding

Where the applicant explains the delay, shows a genuine desire to appeal, and the respondent does not oppose, the Court may grant leave to appeal out of time, particularly given a life sentence

Reasoning

The applicant attributed the delay to failure by the High Court to supply certified copies of proceedings and judgment in time. An earlier 2023 application did not appear in the Court's records. The Court found him desirous of ventilating his appeal and, in view of the life sentence he is serving and the respondent's non-opposition, granted leave with a 14-day window to file and serve the notice of appeal.

p. 2

Legal principles established

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  • Rule 4 of the Court of Appeal Rules grants the Court jurisdiction to extend time for any steps to be taken beyond the period prescribed by the Rules

Court orders

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  1. 1.The application is allowed
  2. 2.The applicant is granted leave to file appeal out of time
  3. 3.The notice of appeal shall be filed and served within fourteen (14) days from today's date

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 at Kisii
Not stated in judgment
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules

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.

The application has merit. It is hereby allowed. The applicant is granted leave to file appeal out of time. The notice of appeal shall be filed and served within fourteen (14) days from today's date.
p. 2Final orders - extension of time granted
Rule 4 of the Court of Appeal Rules grants this Court jurisdiction to extend time for any steps to be taken beyond the period prescribed by the Rules.
p. 1Jurisdiction to extend time

Issues in the judgment

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minor

Judgment as certified lacks the coram heading and case number typically present; only the single judge's name appears at the delivery clause

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, "Matiko v Republic (Criminal Application E37 of 2025) [2026] KECA 310 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/310/eng@2026-02-19

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