IN THE COURT OF APPEAL AT NAKURU (CORAM: MATIVO, JA (IN CHAMBERS) CRIMINAL APPLICATION NO. NAK E042 OF 2026 BETWEEN DISMUS KIPLANGAT KITU...............................APPLICANT AND REPUBLIC..................................................RESPONDENT (Being an application for extension of time to file appeal out of time from the judgment of the High Court of Kenya at Narok (F. Gikonyo, J.) dated 20th April 2021 in CRA No. 66 of 2017). ********* RULING 1. The applicant, Dismus Kiplangat Kitu was convicted for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code in Narok CMCCR Case No.171 of 2013. He was sentenced to suffer death. His appeal to the High Court was dismissed. The applicant failed to lodge the notice of appeal within the prescribed period of 14 days. He claims that he was not supplied with the proceedings within time, hence the delay. The applicant has not disclosed the exact date the judgment sought to be appealed against Page 1 of 3
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was delivered. Page 2 of 3
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2. Nevertheless, the respondent has in its submissions dated 27th August 2026 conceded to the application after providing a detailed account explaining a long delay in hearing the High Court Appeal and opining that it is only fair and just that this application be allowed. 3. Rule 4 of the Court of Appeal Rules vests this Court with a wide discretion to enlarge the time prescribed by the Rules or by any decision of the Court or of a Superior Court for the performance of any act permitted or required thereunder. The discretion may be exercised upon such terms as the Court may deem just. The Supreme Court in Nicholas Kiptoo Arap Koriri vs. IEBC and 7 Others [2015] eKLR stated: “It is incumbent upon the applicant to explain the reasons for delay in making the application for extension and whether there are any extenuating circumstances that can enable the Court to exercise its discretion in favour of the applicant.” 4. I have duly considered the reasons proffered by the applicant together with the draft notice of appeal and the draft memorandum of appeal. While the application is unopposed, the applicant is nonetheless required to satisfy the established principles governing the exercise of the Page 3 of 3
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Court’s discretion. (See Page 4 of 3
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Nicholas Kiptoo Arap Korir Salat vs. IEBC and 7 Others (supra). 5. I am satisfied that the intended appeal is not frivolous. I am also persuaded that in the interests of fairness, the applicant deserves to have his day in Court. Consequently, the application dated 9th June 2026 is hereby allowed. The applicant shall lodge the notice of appeal within fourteen (14) days from the date hereof and shall thereafter file the record of appeal within forty-five (45) days. Dated and delivered at Nakuru this 30th day of September, 2026. J. MATIVO .......................... . JUDGE OF APPEAL I certify that this is a true copy of the original. Signed. DEPUTY REGISTRAR. Page 5 of 3
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