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Case Brief · caselaw.co.ke
Court of AppealAllowedNotice of Motion dated 18th December 2025· [2026] KECA 716 (KLR)

Koech Ndiema v Republic

Court of Appeal
31 March 2026
956 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Kisumu on a Notice of Motion dated 18th December 2025 by Koech Ndiema seeking extension of time to file a Notice of Appeal out of time. The applicant had been convicted and sentenced to life imprisonment for defilement by the Principal Magistrate's court at Keroka; the High Court at Kisii dismissed his first appeal (Kisii HCCRA No E 038 of 2024), upholding the life sentence. The statutory fourteen-day period for lodging a Notice of Appeal under Rule 61(1) of the Court of Appeal Rules had elapsed, with a delay of approximately two years. The applicant, acting in person and incarcerated, explained the delay by his confusion and trauma after the life sentence was upheld, his sending of Notices of Appeal to the wrong court (Nyamira rather than Kisumu), his lack of an advocate to follow up, his family's financial hardship, and late furnishing of the High Court judgment. The respondent, through prosecuting counsel David Mwangi, conceded the application, acknowledging the inordinate delay but pointing to the applicant's incarceration, self-representation, non-delivery of the Notice of Appeal, and the severity of a life sentence as grounds favouring extension. Applying Rule 4 and the criteria in Muringa Company Ltd and Chemaringo, the court held there is no maximum or minimum period of delay but the reasons must be plausible, and found that the applicant's circumstances and the length of the sentence made it just to grant the extension. The application was allowed: the applicant was granted fourteen days to file and serve the Notice of Appeal out of time, and thirty days from service to file and serve the record of appeal.

Key legal issues

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01

Whether a two-year delay in lodging a Notice of Appeal can be excused

Holding

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.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The application is allowed
  2. 2.Extension of time granted to file and serve the notice of appeal out of time within fourteen (14) days
  3. 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

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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, "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.