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Court of AppealAllowedCriminal Application (extension of time) arising from High Court Criminal Appeal No. E018 of 2024 (Kilgoris)· [2026] KECA 866 (KLR)

Chepkwony v Republic (Criminal Application E016 of 2026) [2026] KECA 866 (KLR)

Court of Appeal
5 May 2026
AIAhmed Issack
398 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 gave an imprisoned appellant more time to file his appeal, showing courts will help where delay is short and unopposed.

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 Nakuru delivered by Ahmed Issack, JA, on an application by Amos Kimutai Chepkwony for extension of time to lodge an appeal to the Court of Appeal against a decision of the High Court at Kilgoris in Criminal Appeal No. E018 of 2024, which upheld his conviction and sentence for gang rape. The application, dated 23rd March 2026 and supported by an undated affidavit, explained the delay as arising from reliance on relatives who promised to hire a lawyer but did not do so due to miscommunication. The Director of Public Prosecutions did not oppose the application and conceded that the delay was not inordinate. The court applied the principles crystallised by the Supreme Court in Salat v Independent Electoral and Boundaries Commission & 7 others (Application 16 of 2014), under which extension of time is an equitable remedy available to a deserving party at the court's discretion, the applicant bears the burden of laying a basis for the relief, the exercise is case-by-case, and the court considers reasonable cause for the delay, prejudice to respondents, undue delay in bringing the application, and, in appropriate cases, public interest. Finding the delay from the 5th February 2026 judgment not inordinate, the court allowed the application and directed the applicant to file a notice of appeal within fourteen days, further directing the prison authorities to assist him in lodging the notice in time. No costs order was made.

Key legal issues

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01

Extension of time to lodge an appeal out of time

Holding

The application was allowed; the delay was not inordinate and no prejudice was identified; the respondent did not oppose.

Reasoning

The court applied the Salat principles governing extension of time. The judgment being appealed was delivered on 5th February 2026 and the application was dated 23rd March 2026, a delay the court found was not inordinate, a concession the respondent made. The DPP did not oppose the application. On that basis the court exercised its discretion to allow the applicant, an imprisoned person, to file a notice of appeal within fourteen days, with directions to prison authorities to assist.

p. 2

Legal principles established

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  • Extension of time is an equitable remedy, not a party's right, available only to a deserving party at the court's discretion, with the burden on the applicant to lay a basis to the court's satisfaction.

Court orders

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  1. 1.Application allowed
  2. 2.Applicant to file a notice of appeal within fourteen (14) days of the Ruling
  3. 3.Prison authorities to extend such assistance as will ensure the notice is filed and lodged at the Registry within the stipulated time

Authorities

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Cases cited (1)

  • Salat v Independent Electoral and Boundaries Commission & 7 others
    (Application 16 of 2014) [2014]
On appeal from
High Court of Kenya at Kilgoris
Criminal Appeal No. E018 of 2024
Jurisdiction invoked
Inherent appellate discretion to extend time for filing an appeal (Court of Appeal extension-of-time jurisdiction)

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, "Chepkwony v Republic (Criminal Application E016 of 2026) [2026] KECA 866 (KLR)", Case Analysis (2026). Criminal Application (extension of time) arising from High Court Criminal Appeal No. E018 of 2024 (Kilgoris). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/866/eng@2026-05-05

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