Eric Imbugwa Salim v Republic
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant's delay of just over five years in filing the notice of appeal and memorandum of appeal should be excused and time extended
- 2.Whether leave to appeal out of time should be granted
Key legal issues
#Whether a delay of over five years in lodging an appeal by an incarcerated applicant should be excused
Yes. The delay was not occasioned by the applicant; prison system failures, COVID-19 delays and inability to afford counsel were circumstances beyond his control, justifying exercise of discretion in his favour.
The court applied the settled parameters: length of delay, reason for delay, chances of success and prejudice to the respondent. The applicant had detailed his efforts to progress the appeal from Naivasha and Eldoret prisons, through paralegal offices, during COVID-19, and his family's inability to fund counsel until pro-bono counsel intervened in 2026. The respondent did not oppose. The delay was therefore satisfactorily explained and discretion was exercised in the applicant's favour.
Legal principles established
#- The length of delay is an important but not defining factor in an extension-of-time application; it must be considered alongside the reason for the delay, and each case turns on its own merits.
Court orders
#- 1.Extension of time granted for filing the notice of appeal and memorandum of appeal
- 2.The applicant's notice of appeal and memorandum of appeal admitted as duly filed
- 3.The Deputy Registrar, Eldoret High Court, directed to prepare and serve the record of appeal on the appellant and the respondent within 30 days from the date of the ruling
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court of Kenya at Eldoret
- HCCRA No 84 of 2016
- Jurisdiction invoked
- Inherent appellate discretion to extend time for lodging a notice of appeal and to grant leave to appeal out of time
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The law does not set out any minimum or maximum period of delay. All it states is that any delay should be satisfactorily explained.
I am satisfied that the delay of just over 5 years, was not occasioned by the applicant.
In the circumstances, I will exercise discretion in favour of the applicant. His notice of appeal and memorandum of appeal are admitted as duly filed.
The Deputy Registrar, Eldoret High Court, who shall be served with a copy of this ruling, is directed to prepare and serve the record of appeal on the appellant and the respondent within the next 30 days from the date of this ruling.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Eric Imbugwa Salim v Republic", Case Analysis (2026). Criminal Application E032 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1890/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.