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Court of AppealOtherNot stated in the judgment· [2026] KECA 1084 (KLR)

Daniel Mauti v Republic

Court of Appeal of Kenya
3 June 2026
JMJ. Mativo
168 words in judgment
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The bottom line

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Kenya's Court of Appeal refused to decide a late-appeal application that failed to state when the original judgment was delivered, giving 30 days to supply the missing details.

What this practically means

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Executive summary

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This is a brief interlocutory ruling by Mativo, JA, sitting at Nakuru, on an undated application seeking leave to appeal out of time against a judgment in High Court Criminal Appeal (HCCRA) No. E003 of 2024. The Court found the application deficient in crucial particulars: the applicant did not state when the judgment sought to be appealed was delivered, making it impossible to ascertain the length of the delay or whether it was excusable. The respondent filed no response, which might otherwise have clarified the position, and the registry's efforts to contact the parties for the missing details were unsuccessful. Rather than dismissing the application outright for lack of merits or granting the leave sought, the Court adopted a conditional approach: it ordered the applicant to supply the missing details within 30 days, after which the application would be considered on its merits; in default, the application would stand dismissed automatically at the expiry of that period. The ruling was dated and delivered at Nakuru on 3 June 2026. No authorities or statutory provisions were cited, no costs order was made, and no decision on the substance of the extension-of-time application was reached. The decision below in HCCRA No. E003 of 2024 was not reviewed or disturbed; the ruling is purely procedural.

Key legal issues

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01

Ascertainment of delay in an application for extension of time

Holding

The Court could not determine the application because the applicant failed to state when the judgment was delivered, and the respondent filed no response; the Court directed the applicant to supply the missing details within 30 days, failing which the application stands dismissed.

Reasoning

The assessment of whether a delay in filing an appeal is excusable depends on knowing when the decision sought to be appealed was rendered. Without that date, the length of the delay and any explanation for it cannot be evaluated. The registry's attempts to obtain the missing details from the parties failed, so the Court gave the applicant a defined period to cure the deficiency rather than determining the application on incomplete material.

p. 1

Legal principles established

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  • An applicant for extension of time must supply sufficient details, including the date of the judgment appealed against, to enable the Court to assess the delay; failure to supply ordered particulars within the stipulated period results in the application standing dismissed.

Court orders

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  1. 1.The applicant to supply the missing details (including the date of delivery of the judgment sought to be appealed against) within 30 days
  2. 2.Upon compliance, the application will be considered on merit
  3. 3.In default of compliance, the application shall stand dismissed at the expiry of the said period
On appeal from
High Court of Kenya
HCCRA No. E003 of 2024
Jurisdiction invoked
Inherent power of the Court to grant extension of time to appeal (statutory provision not cited in the ruling)

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, "Daniel Mauti v Republic", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1084/eng@2026-06-03

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