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Court of AppealOtherKisumu Court of Appeal Criminal Application (extension of time; undated Notice of Motion)

Ogejo v Republic (Criminal Application E033 of 2025) [2026] KECA 754 (KLR)

Court of Appeal of Kenya
24 April 2026
HOH. A. Omondi
309 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal refused to re-grant leave to appeal already given in October 2025, closing the duplicate application as spent.

What this practically means

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Executive summary

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This short ruling of the Court of Appeal at Kisumu, delivered by H. A. Omondi, JA on 24th April 2026, dealt with an undated Notice of Motion by Kelvin Otieno Ogejo seeking leave to appeal out of time against his conviction and life sentence for murder imposed by the High Court at Siaya (Aburili, J) on 16th September 2021. The applicant explained the delay on grounds of poverty - he could not afford to have his record of appeal prepared, and his family was likewise unable to assist. The court, however, observed that the applicant had already filed an identical application in Kisumu Court of Appeal Criminal Application No. E030 of 2025 (there styled Kennedy Otieno Ogejo), which the Court allowed on 21st October 2025, granting leave to appeal out of time and directing that the notice of appeal be filed and served within fourteen days. Faced with what it characterised as either multiple applications over the same issue or a registry error of double registration, Omondi, JA declined to write a fresh ruling, declared the matter spent, and ordered the file closed. No costs order was made and no substantive disposition of the appeal itself followed. The ruling is administrative in nature and carries no binding doctrinal holding beyond the principle that duplicative extension-of-time applications will be closed as spent.

Key legal issues

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01

Duplication of extension-of-time applications

Holding

The court declined to rule afresh on an application for extension of time where identical relief had already been granted, holding the matter spent and closing the file.

Reasoning

The applicant had previously moved the Court in Kisumu Criminal Application No. E030 of 2025 seeking the same extension of time against the same Siaya judgment. That application was allowed by Kimaru, JA on 21st October 2025, with leave to file and serve the notice of appeal within fourteen days. The court treated the present undated motion as either multiple applications on the same issue or a registry error of double registration, and declined to write a second ruling, closing the file instead. The disposition is administrative rather than a substantive holding.

p. 2

Legal principles established

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  • A party may not obtain successive or duplicative grants of the same extension-of-time relief; once leave is granted, the matter is spent and a duplicate application should be closed rather than determined afresh.

Court orders

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  1. 1.The file is ordered closed
  2. 2.No fresh ruling granting extension of time - the matter was declared spent as leave had already been granted
On appeal from
High Court of Kenya at Siaya
HCCRA No. 7, 8 & 11 of 2020 (Consolidated)
Jurisdiction invoked
Inherent/appellate jurisdiction of the Court of Appeal to grant extension of time to appeal out of time against a murder conviction and life sentence

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, "Ogejo v Republic (Criminal Application E033 of 2025) [2026] KECA 754 (KLR)", Case Analysis (2026). Kisumu Court of Appeal Criminal Application (extension of time; undated Notice of Motion). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/754/eng@2026-04-24

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