Kimani v Republic (Criminal Application E080 of 2026) [2026] KECA 2097 (KLR) (6 October 2026) (Ruling) Neutral citation: [2026] KECA 2097 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CRIMINAL APPLICATION E080 OF 2026 JM MATIVO, JA OCTOBER 6, 2026 BETWEEN WILSON KURIA KIMANI ..................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Being an application for extension of time against conviction and sentence from the High Court of Kenya at Naivasha (Ndung’u, J.) dated 16th December 2016 in CRA No. 29 of 2015) RULING 1. Wilson Kuria Kimani was charged, tried and convicted for the oence of robbery with violence contrary to Section 296 (2) of the Penal Code in Narok CMCC CR Case No. 1619 of 2013. He was sentenced to suer death. His appeal to the High against both conviction and sentence being Naivasha HCCR Appeal No. 29 of 2015 was dismissed on 16th December 2016. His death penalty was subsequently commuted to life imprisonment. He did not le his notice of appeal or his appeal within the stipulated time. He now desires to appeal, hence, this application for extension of time dated 10th September 2026. The respondent has conceded to the application despite the delay of 10 years. 2. Rule 4 of the Court of Appeal Rules, 2022 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. (See Nicholas Kiptoo Arap Koriri vs. IEBC and 7 Others [2015] eKLR). 3. Even though the application is unopposed, the applicant is nonetheless required to satisfy the established principles governing the exercise of the Court’s discretion. (See Nicholas Kiptoo Arap Korir Salat vs. IEBC and 7 Others, [supra]. The overarching criterion for granting leave to appeal out of time is whether it is in the interests of justice to do so. The Court conducts a balanced evaluation of several specic factors. However, the "interests of justice" is not a freestanding excuse to overlook https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2097/eng@2026-10-06 1
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deadlines, but rather a legal framework for a balancing exercise. The interests of justice mandate that the Court weighs multiple factors against one another rather than focusing on a single issue. 4. The Court will not look at the applicant’s delay in isolation. Under the banner of the interests of justice, the Court performs a holistic evaluation of the length of the delay, the reasonableness of the explanation, the prospects of success, and the prejudice to both the State and the applicant. 5. In criminal matters, the interests of justice are heavily weighted by constitutional considerations, specically, the right to a fair trial, the right to access appellate justice and above all the right if a strict application of procedural deadlines would result in a person with an arguable appeal remaining in prison or facing the death penalty, the interests of justice will heavily favour granting the extension. 6. Conversely, the interests of justice also demand that criminal matters reach nality. The State and the public have an interest in knowing that a criminal judgment is settled. Therefore, a completely unexplained or agrant delay will conict with the interests of justice, prompting the Court to deny the extension. In the interests of justice, strong prospects of success can compensate for a poor explanation for delay, and conversely, a minor delay can be forgiven even if the merits are modest. The "interests of justice" ensures that the rules of Court remain exible instruments to achieve true substantial justice, rather than rigid technical hurdles that create unfair outcomes. 7. I have looked at the delay, and weighed the interests of justice as discussed above. I am persuaded that this is a proper case for this Court to exercise its discretion in favour of the applicant. Consequently, the application dated 10th September 2026 is hereby allowed. The applicant shall lodge the notice of appeal within fourteen (14) days from the date hereof and shall thereafter le the record of appeal within forty-ve (45) days. DATED AND DELIVERED AT NAKURU THIS 6TH DAY OF OCTOBER, 2026. J. MATIVO ........................... 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/2026/2097/eng@2026-10-06 2
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