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Court of AppealDismissedNotice of motion dated 5th September 2025 (arising from Criminal Appeal No. 138 of 2015)

Koech v Republic (Criminal Application E027 of 2026) [2026] KECA 1207 (KLR)

Court of Appeal of Kenya
26 June 2026
624 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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The Court of Appeal refused to extend time for an appeal filed over eight years late, because the applicant gave no concrete evidence explaining the delay.

What this practically means

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Executive summary

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By a notice of motion dated 5th September 2025, Nicholas Koech sought extension of time to appeal against the judgment of the High Court at Eldoret delivered on 19th December 2018 in Criminal Appeal No. 138 of 2015, explaining that he did not receive his judgment in good time. The respondent, through learned Principal Prosecution Counsel Mr. Okaka, conceded the application, describing the applicant's averment as plausible. The Court of Appeal, per W. Korir, JA, applied the Supreme Court's guidelines in Salat vs. Independent Electoral and Boundaries Commission & 7 others [2014] KESC 12 (KLR), which frame extension of time as an equitable, discretionary remedy requiring the applicant to lay a proper basis, explain the delay to the court's satisfaction, show absence of prejudice, and move without undue delay. Although mindful of the applicant's incarceration, the court found the explanation casual and unsatisfactory: there was no averment that a notice of appeal was filed or when, no deposition on any request for proceedings or follow-up, and no indication of when the judgment was allegedly supplied. The court held that extension of time cannot be granted on a whim or sympathy and that a deserving basis must be shown. The application was accordingly found without merit, declined and dismissed. No costs order is recorded in the judgment.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant has laid a proper basis for extension of time to appeal against the High Court judgment of 19th December 2018

Key legal issues

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01

Whether the applicant's explanation for the delay justified extension of time

Holding

The application was dismissed because the applicant failed to lay a proper basis; his explanation was casual and unsatisfactory

Reasoning

The court applied the Salat guidelines: extension of time is equitable, case-specific, and requires a reasonable, adequately explained delay and absence of prejudice. The applicant, though incarcerated, gave no particulars - no notice of appeal, no request for proceedings, no date of receipt of judgment - so the discretion could not be exercised in his favour.

p. 2

Legal principles established

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  • Extension of time to appeal is an equitable discretion, not an automatic right; an applicant must lay a proper basis, explaining the delay, and leave cannot be granted on sympathy or whim

Court orders

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  1. 1.The application for extension of time is declined and dismissed

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
High Court at Eldoret
Criminal Appeal No. 138 of 2015
Jurisdiction invoked
Inherent/appellate discretion to extend time under the applicable appellate procedure rules; no specific constitutional or statutory provision is cited in the judgment

Relief refused

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Extension of time to appeal against the High Court judgment delivered on 19th December 2018

The explanation for the over-eight-year delay was casual and unsatisfactory; no basis was laid for the exercise of the Court's discretion

p. 2

Costs

No costs order is recorded in the judgment

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Extension of time to file an appeal is an equitable exercise of discretion and not an automatic right.
p. 1Nature of extension-of-time discretion
Extension of time to appeal cannot be exercised on a whim or sympathy. An applicant must lay a proper basis for enlargement of time and should not expect the Court to act injudiciously by granting leave where it is not deserved. As such, the application for extension of time is found to be without merit, declined and dismissed.
p. 2Final orders and dismissal of the application

Issues in the judgment

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minor

The judgment is undated internally as to its own filing; submissions are dated 29th April 2026 while the delay from the 2018 judgment is described as 'over eight years', and delivery is stated as 26th June 2026

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 v Republic (Criminal Application E027 of 2026) [2026] KECA 1207 (KLR)", Case Analysis (2026). Notice of motion dated 5th September 2025 (arising from Criminal Appeal No. 138 of 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1207/eng@2026-06-26

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