Robert alias Dan Nyanchiro v Republic (Criminal Application E034 of 2026) [2026] KECA 1436 (KLR)

4. Rule 4 of the Court of Appeal Rules gives this Court discretion to extend the time limited by the Rules for the doing of any act authorized or required by the Rules. In Leo Sila Mutiso v Helen Wangari Mwangi [1999] 2 EA 231, this Court rendered itself as follows: “ It is now well settled that the decision whether or not to extend the time for appealing is essentially discretionary. It is also well settled that in general the matters which this court takes into account in deciding whether to grant an extension of time are: first, the length of the delay; secondly, the reason for the delay; third, (possibly) the chances of the appeal succeeding if the application is granted: and, fourthly, the degree of prejudice to the respondent if the application is granted.” 5. The Judgment which the applicant seeks to appeal against, was delivered on 26th January 2026. The applicant states that although he filed a notice of appeal on time, the High Court at Kisii did not forward that notice to this Court which was a matter beyond the applicant’s control. 6. The applicant who is representing himself, is incarcerated and could not follow up on his notice of appeal. As a layman, he did not know the procedure for filing the notice of appeal and in any case, he had done all he could by preparing the notice of appeal with the help of Prison oficers and filing at the High Court in Kisii. 7. Having considered the application and the reasons advanced for failing to file the appeal on time, considering that the application is not opposed and the applicant’s desire to appeal to this Court, as well as the fact that the judgment he intends to appeal against was delivered on 26th January 2026, the delay is not inordinate. I am satisfied that the reasons advanced for the delay in filing the notice of appeal in time have been well explained. 8. In the circumstances, I hereby allow the application dated 10th April, 2026. The time for filing appeal is hereby enlarged. The applicant is granted leave to filed a notice of appeal within 14 days. The notice of appeal shall thereafter be served within seven days of its filing. The memorandum and the record of appeal shall thereafter be filed within 30 days from the date of filing the notice of appeal. DATED AND DELIVERED AT KISUMU THIS 10TH DAY OF JULY , 2026. E. C. MWITA ............................... JUDGE OF APPEAL I certify that this is a true copy of original. Deputy Registrar. https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1436/eng@2026-07-10 2

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