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Court of AppealAllowedNot stated in the judgment· [2026] KECA 434 (KLR)

Muriithi v Republic (Criminal Application E074 of 2025) [2026] KECA 434 (KLR)

Court of Appeal of Kenya
6 March 2026
EME. C. Mwita
541 words in judgment
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The bottom line

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Kenya's Court of Appeal allowed a death-row inmate to appeal nearly seven years late, accepting prison legal aid advice as a valid reason for the delay.

What this practically means

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Executive summary

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This is a single-judge in-chamber ruling of the Court of Appeal at Nairobi delivered by E. C. Mwita JA on 6th March 2026, determining an application dated 10th December 2025 seeking extension of time to file an appeal out of time against the judgment of L. Kimaru J (as he then was) delivered on 18th June 2018. The applicant, incarcerated and sentenced to death, explained the delay of nearly 7 years on the ground that he was unaware of the right to file a second appeal and the applicable timelines, and only became aware of this right after receiving legal advice from a legal aid clinic in prison in September 2025, whereupon he promptly moved the court. The respondent, by letter dated 24th February 2026, indicated it was not opposed and left the matter to the court's discretion. Guided by Rule 4 of the Rules of the Court and the classic factors in Leo Sila Mutiso v Helen Wangari Mwangi - the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent - the judge found the reasons for the delay reasonable, noting the applicant's incarceration, the death sentence, and the absence of opposition. The application was allowed: the notice of appeal and memorandum of appeal, both dated 10th December 2025, were deemed duly filed and served, and the record of appeal was to be filed within 30 days. No costs order was made. The decision below was not disturbed, as the ruling dealt only with leave to appeal out of time.

Key legal issues

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01

Extension of time to file an appeal out of time

Holding

The court, exercising its discretion under Rule 4, found the delay of nearly 7 years reasonably explained by the applicant's incarceration, lack of awareness of the right of appeal, and reliance on legal aid advice, coupled with the respondent's non-opposition and the death sentence

Reasoning

Applying the well-settled factors from Leo Sila Mutiso v Helen Wangari Mwangi - length of delay, reason for delay, chances of the appeal succeeding, and prejudice to the respondent - the court found that the applicant's ignorance of the right to file a second appeal, only cured when he received legal advice from a prison legal aid clinic in September 2025, constituted a reasonable explanation. The application was unopposed and the applicant is under a death sentence, which weighed in favour of granting the extension. The court did not find any prejudice to the respondent.

p. 2

Legal principles established

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    Court orders

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    1. 1.The application dated 10th December 2025 is allowed
    2. 2.The notice of appeal dated 10th December 2025 is deemed duly filed and served
    3. 3.The memorandum of appeal dated 10th December 2025 is deemed duly filed and served
    4. 4.The record of appeal shall be filed within 30 days from the date of the order
    On appeal from
    High Court of Kenya
    Not stated in the judgment
    Jurisdiction invoked
    Rule 4 of the Court of Appeal Rules (discretion to extend time limited by the rules for doing any act authorized or required by the rules)

    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, "Muriithi v Republic (Criminal Application E074 of 2025) [2026] KECA 434 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/434/eng@2026-03-06

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