Wanjohi v Republic (Criminal Application E025 of 2026) [2026] KECA 1393 (KLR)
The bottom line
#Kenya's Court of Appeal let a life-sentence prisoner file his appeal nearly two years late, citing his incarceration and lack of legal help as good cause.
What this practically means
#Executive summary
#Key legal issues
#Test for extension of time to file an appeal under section 349 of the Criminal Procedure Code
The applicant must demonstrate good cause; where the delay stems from inability to obtain the judgment or record, or from custodial status and lack of legal representation, and the application is unopposed, extension may be granted
Section 349 requires appeals to be entered within fourteen days, but the proviso permits admission after that period for good cause, particularly where the appellant could not obtain a copy of the judgment or record in reasonable time. Citing ODPP v Mbugua, the Court noted the applicant must lay the basis for the exercise of its unfettered discretion. The applicant explained the delay by non-supply of the judgment, incarceration and lack of counsel, and the Respondent did not oppose the application, so the Court found the requirements met.
Legal principles established
#- An applicant for extension of time bears the burden of laying the basis for the exercise of the Court's discretion, including that the delay was not inordinate, was explained, and that the application was made without delay
- Under the proviso to section 349 of the Criminal Procedure Code, admission of an appeal out of time turns on 'good cause', satisfied where failure to enter the appeal within fourteen days was caused by inability to obtain the judgment, order or record within the prescribed time
Court orders
#- 1.Leave granted to the applicant to appeal out of time against the decision of Ndung'u J dated 11th July, 2024 in HCCR Case No. E001 of 2024
- 2.Application dated 14th April 2026 allowed
- 3.No orders as to costs
- On appeal from
- High Court of Kenya at Nanyuki
- HCCR Case No. E001 of 2024
- Jurisdiction invoked
- Rule 55(1) of the Court of Appeal Rules, 2022 and Section 349 of the Criminal Procedure Code (proviso permitting admission of an appeal out of time for good cause)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanjohi v Republic (Criminal Application E025 of 2026) [2026] KECA 1393 (KLR)", Case Analysis (2026). Criminal Application (Notice of Motion dated 14th April, 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1393/eng@2026-07-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.