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Court of AppealAllowedCriminal Application (not stated in the judgment)

Orisai v Republic (Criminal Application E056 of 2025) [2026] KECA 314 (KLR)

Court of Appeal of Kenya
19 February 2026
LKL. Kimaru
292 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 allowed a convicted man extra time to appeal, accepting delayed court documents and fundraising for a lawyer as valid reasons.

What this practically means

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Executive summary

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This is a short single-judge ruling of the Court of Appeal at Kisumu on an application for leave to appeal out of time. The applicant, Joseph Orisai, had been convicted of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act and sentenced to fifteen years' imprisonment. His first appeal to the High Court was dismissed on 4th July 2025. He then sought the Court of Appeal's leave to lodge a second appeal out of time, explaining the delay by the High Court's slowness in supplying certified copies of the proceedings and judgment, and the time his family needed to raise funds to instruct an advocate. The respondent did not oppose the application. The court grounded its jurisdiction in Rule 4 of the Court of Appeal Rules, which permits extension of time for any step prescribed by the Rules. Accepting the explanations offered, the court found the delay not inordinate and held that the applicant should be given a chance to ventilate his appeal. The application was allowed, with directions that the applicant file and serve the notice of appeal within fourteen days. The decision is interlocutory in nature and does not disturb the High Court's decision; it opens the door to a substantive appeal. No costs order was made and no authorities were cited.

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, i.e. whether the reasons for the delay justify extension of time

Key legal issues

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01

Extension of time to file a notice of appeal

Holding

The application under Rule 4 was allowed; the delay caused by the High Court's failure to supply certified proceedings and the family's need to raise funds for an advocate was not inordinate

Reasoning

Rule 4 of the Court of Appeal Rules confers jurisdiction to extend time for any step prescribed by the Rules. The court found the applicant's explanation - delay in obtaining certified copies of the proceedings and judgment, and the time taken for his family to raise funds to instruct an advocate - satisfactory. The respondent did not oppose the application. The court held the delay was not inordinate and that the applicant should be given an opportunity to argue his appeal.

p. 1

Legal principles established

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  • Where the delay in filing an appeal is explained, including delay by the court in supplying certified proceedings and the need to raise funds for an advocate, and the delay is not inordinate, the court will grant an extension of time so the appellant can ventilate the appeal

Court orders

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  1. 1.The application is allowed
  2. 2.The applicant shall file and serve the notice of appeal within fourteen (14) days of 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 of Kenya
not stated in the 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.

It is hereby allowed. The applicant shall file and serve the notice of appeal within fourteen (14) days of today’s date.
p. 1Final orders - extension of time granted
The applicant explained the reason for the delay in filing the appeal in time to be on account of delay by the High Court to supply him with certified copies of the proceedings and Judgment.
p. 1Reasons for delay accepted by the court

Issues in the judgment

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minor

The judgment does not state the case number of the application or of the appeal, nor the neutral citation; the coram lists only one judge although the deliverance is dated at Kisumu

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, "Orisai v Republic (Criminal Application E056 of 2025) [2026] KECA 314 (KLR)", Case Analysis (2026). Criminal Application (not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/314/eng@2026-02-19

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