Sifuna v Republic (Criminal Application E013 of 2026) [2026] KECA 2028 (KLR) (19 June 2026) (Ruling) Neutral citation: [2026] KECA 2028 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KAKAMEGA CRIMINAL APPLICATION E013 OF 2026 S RADIDO, JA JUNE 19, 2026 BETWEEN EDWIN SIFUNA ....................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Being an application for the extension of time to lodge and file a Notice of Appeal against the judgment of the High Court (Hon Justice J.R. Karanja) delivered on 26 January 2022 in Busia Criminal Case No. 1 ‘A’ of 2020) RULING 1. Edwin Sifuna (the applicant), through a Motion dated 10th March 2026, brought under Rule 4 of the Court of Appeal Rules, 2022, seeks the grant of leave to le and serve a Notice of Appeal out of time against the judgment of the High Court, Busia (Karanja J), delivered on 26th January 2022. 2. The main grounds advanced in support of the application are that the applicant was convicted of the charge of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to serve 10 years imprisonment; an appeal was not led because the advocate who represented the applicant before the superior court declined to take up instructions to appeal within the prescribed 14 days; the applicant lacked the nancial means to instruct an advocate; proceedings could not be obtained in time and that the delay to appeal was not deliberate nor intentional; the intended appeal has high chances of success; the Respondent would not be prejudiced and that the applicant’s co-accused before the superior court had appealed through Kisumu Criminal Appeal No. E122 of 2022. 3. The applicant led submissions dated 29th May 2026 wherein he cited Leo Sila Mutiso v Hellen Wangari Mwangi (1999) 2 EA; Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet (2018) eKLR and PMW v R (2025) KECA 572 (KLR) to urge that the order sought was discretionary and the factors to consider were the length of delay, the reasons for the delay, the chances of the appeal succeeding, and the https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2028/eng@2026-06-19 1
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degree of prejudice likely to be occasioned by the Respondent and there was no minimum or maximum period of delay provided plausible explanations were given and that the fact that an applicant was in prison and was unable to le an appeal on time should be considered. 4. When served with the application, the Respondent led submissions dated 11th June 2026, indicating that it did not oppose the application. 5. The applicant did not exhibit a copy of the judgment sought to be appealed or a draft Notice of Appeal. The Republic has not opposed the application and has stated that the applicant has an undoubted right of a rst appeal. 6. In the circumstances, the Court will allow the application dated 10th March 2026 and direct the applicant to le a Notice of Appeal against the judgment delivered on 26th January 2022 with the superior court within the next 7 days. DELIVERED AND DATED AT KAKAMEGA ON THIS 19TH OF JUNE 2026. RADIDO S. OKIYO ………………………………… JUDGE OF APPEAL I certify that this is a true copy of the original Signed DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2028/eng@2026-06-19 2
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