IN THE COURT OF APPEAL AT NAKURU (CORAM: MURUNGI B. KAIRARIA, J.A. (IN CHAMBERS)) CRIMINAL APPLICATION NO. E078 OF 2026 BETWEEN ISMAEL LESHAN SORONGOI..............................APPLICANT AND REPUBLIC....................................................RESPONDENT (An application for extension of time to file an appeal from the judgment of the High Court of Kenya at Kilgoris (F. Gikonyo J) delivered on 6th November 2024 in HC.CR.A No.E028 of 2023) ******************* RULING 1. The application dated 30th March, 2026 seeks extension of time to appeal against the decision of the Hon. F. Gikonyo J delivered on 6th November, 2024, in Kilgoris HCCRA. No. E028 of 2023 which dismissed the Applicant’s appeal from Kilgoris CMMCCR. Case No. E028 of 2023.The application is founded on the grounds set out in the body of the motion supported by Page 1 of 4
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the affidavit of Ismael Leshan Sorongoi and written submissions dated 30th September, 2026. 2. Aggrieved by the dismissal of his first appeal to the High Court, the Applicant desires to mount a second appeal to the Court of Appeal. To do so he was required by Rule 61(1) of the Court of Appeal Rules, to lodge his notice of appeal within 14 days after the decision was rendered. 3. He did not do so and has brought the current application under Rule 4 of the Rules of the Court. He urges me to extend time to enable him to pursue his appeal his appeal on grounds that the failure to file his notice of appeal was not deliberate but was occasioned by the circumstances of his incarceration. He avers that upon dismissal of his first appeal he took immediate steps to lodge his second appeal and lodged his notice of appeal but was sequentially transferred Narok Medium Prison and later to Naivasha Maximum Prison where he sought assistance from a paralegal at the Justice defenders Legal Office at Naivasha Maximum Prison . The paralegal then checked with the court registries and informed him that no an active or pending appeal had been Page 2 of 4
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lodged or registered in his name. He further depones Page 3 of 4
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that upon discovering that omission he acted with quick dispatch and filed the instant application. That he was not to blame and the matter was beyond his control. 4. The application is opposed by the Respondent who in the written submissions dated 30th September, 2026 contends that that the delay is inordinate and has not been satisfactorily explained. 5. Having considered the grounds of the application, the affidavit in support thereof, the parties’ rival submissions and cited case law I am persuaded that the explanation given for the delay is plausible and satisfactory. I note that though the Respondent submits that the delay has not been explained no affidavit was filed in response to controvert the Applicant’s assertion that he had prepared a notice of appeal immediately after the dismissal of his first appeal which apparently was not transmitted to court by the prison authorities after his transfer to Narok and later to Naivasha and that he only discovered that his notice of appeal was not lodged with the assistance of a paralegal at the Naivasha Maximum Prison. Page 4 of 4
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6. Accordingly, I am minded to grant the Applicants request for extension of time and hereby allow the application dated 30th March, 2026. I direct that the Applicant shall lodge and serve his notice of appeal within 14 days of delivery of this ruling and thereafter file and serve his memorandum of appeal within 21 days of lodging the Notice of appeal. Dated and delivered at Nakuru this 5th day of October, 2026. MURUNGI B. KAIRARIA …………………………….. JUDGE OF APPEAL I certify that this is a true copy of the original. Signed. DEPUTY REGISTRAR Page 5 of 4
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