Samuel Wanjara Wekesa v Republic

Wekesa v Republic (Criminal Application E016 of 2026) [2026] KECA 1463 (KLR) (17 July 2026) (Ruling) Neutral citation: [2026] KECA 1463 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT ELDORET CRIMINAL APPLICATION E016 OF 2026 MN NDUMA, JA JULY 17, 2026 BETWEEN SAMUEL WANJARA WEKESA ............................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This undated application for extension of time to file Notice of Appeal and the appeal itself outside the prescribed period, under Rule 4 of the Court of Appeal Rules, 2022, came up for hearing before me by way of written submissions on 1st July 2026. The applicant was convicted of defilement under section 8(1) as read with section 8(3) of the Sexual Offences Act and sentenced to 40 years imprisonment. The conviction and sentence were upheld by the High Court. The respondent represented by learned Ms Kisui Grace Wavinya, learned Prosecution Counsel, in her written submissions dated 29th June 2026, is not opposed to the application and urges the Court to grant the same. 2. The application is not visited by inordinate delay and the applicant who is in custody has given reasonable explanation for failure to file the appeal within the prescribed time. Accordingly, the applicant is granted leave to file the Notice of Appeal and the Record of Appeal within the prescribed period from the date of this ruling. DATED AND DELIVERED AT ELDORET THIS 17TH DAY OF JULY, 2026. NDERI NDUMA …………………………… JUDGE OF APPEAL I certify that this is a true copy of the original. Signed https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1463/eng@2026-07-17 1

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