Koech Ndiema v Republic
The bottom line
#The Court of Appeal allowed a prisoner to appeal two years late, confirming there is no fixed time limit for extending time if the reasons are plausible.
What this practically means
#Executive summary
#Key legal issues
#Whether a two-year delay in lodging a Notice of Appeal can be excused
Yes. Although the delay of about two years is inordinate, the court's discretion under Rule 4 is unfettered, and given the applicant's incarceration, lack of counsel, financial hardship, non-delivery of his Notice of Appeal, and life sentence, justice favours granting the extension.
The court applied the settled criteria from Muringa Company Ltd and Chemaringo: length of and reasons for delay, prejudice, conduct of parties, and arguability. It found the reasons posed a genuine challenge to a self-representing prisoner, and that denial would occasion great prejudice given the life sentence being challenged. The respondent itself conceded the application.
Legal principles established
#- In an extension-of-time application the court considers the length of the delay, the reasons for it, prejudice to the parties, the conduct of the parties, and whether the intended appeal is arguable or frivolous; there is no statutory maximum or minimum period of delay, but the reasons must be reasonable and plausible.
- There is no maximum or minimum period of delay prescribed for extension of time; what matters is that the reasons for the delay be reasonable and plausible.
Court orders
#- 1.The application is allowed
- 2.Extension of time granted to file and serve the notice of appeal out of time within fourteen (14) days
- 3.The applicant shall file and serve the respondent with the record of appeal within thirty (30) days upon service of the Notice of Appeal
- On appeal from
- High Court
- Kisii HCCRA No E 038 of 2024
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Koech Ndiema v Republic", Case Analysis (2026). Notice of Motion dated 18th December 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/716/eng@2026-03-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.