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Court of AppealAllowedCriminal Application E005 of 2026

Moranga v Republic (Criminal Application E005 of 2026) [2026] KECA 491 (KLR)

Court of Appeal
11 March 2026
ASASIKE-MAKHANDIA
153 words in judgment
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The bottom line

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Kenya's Court of Appeal granted a convicted man extra time to appeal after the prosecution failed to oppose his application, opening a 30-day filing window.

What this practically means

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Executive summary

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This is a short ex parte order of the Court of Appeal at Kisumu issued by Asike-Makhandia, JA on 11 March 2026 in a criminal application. The applicant, Livinstone Siguti Moranga, sought leave for extension of time to file an appeal out of time. Although the respondent, the Republic, had been served with both the application and the hearing notice, it neither opposed the application nor appeared on the hearing date. Taking the absence of opposition into account, the court allowed the application and granted the applicant leave to file the appeal out of time, directing that the appeal be filed within thirty days from the date of the order. The order does not identify the underlying decision sought to be appealed, the intended appeal case number, or any reasons for the delay, and it makes no costs order. No authorities or statutory provisions are cited. The decision is procedural: it does not disturb any decision below, and its practical effect is confined to opening a 30-day window within which the applicant may lodge the appeal. As a single-judge interlocutory order on extension of time, it records no broader doctrinal holdings beyond confirming that an unopposed, duly served extension application may be granted with a defined filing period.

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 an appeal out of time, unopposed by the respondent

Key legal issues

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01

Whether leave should be granted to file an appeal out of time in an unopposed application

Holding

Leave was granted; the applicant was allowed 30 days from the date of the order to file the appeal.

Reasoning

The application was served on the respondent together with the hearing notice, yet the respondent neither opposed nor appeared. The court treated the absence of opposition as sufficient basis to allow the extension and fixed a 30-day window for filing the appeal, without recording any extended reasons.

p. 1

Legal principles established

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  • An unopposed extension-of-time application, where the respondent is served but files no opposition, may be allowed and the applicant granted a defined period within which to file the appeal out of time.

Court orders

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  1. 1.The application is allowed
  2. 2.The applicant is granted leave to file the appeal out of time
  3. 3.The appeal to be filed within thirty (30) days from 11 March 2026

The bench

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One judgment of the whole court — no separate or dissenting opinions.

AS
majority

Wrote the judgment

Jurisdiction invoked
Inherent jurisdiction of the Court of Appeal to extend time for filing an appeal out of time (as invoked by the application seeking leave for extension of time)

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.

In the absence of any opposition from the respondent, though served with the application, as well as the hearing notice for today, this application is allowed.
p. 1unopposed extension of time
The applicant is granted leave to file the appeal out of time. He should do so within the next thirty (30) days from the date hereof.
p. 1final orders - leave and 30-day window

Issues in the judgment

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minor

The judgment does not identify the decision or court from which the intended appeal lies, the intended appellate case number, or the underlying case details.

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, "Moranga v Republic (Criminal Application E005 of 2026) [2026] KECA 491 (KLR)", Case Analysis (2026). Criminal Application E005 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/491/eng@2026-03-11

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