Wanjala v Republic

with Section 8(2) of the Sexual Offences Act in Criminal Case No. SO 1177 of 2012 at Kimilili Law Courts and sentenced to life imprisonment. 3. He states that he appealed to the High Court vide HCCR Appeal No. 25 of 2013, but the appeal was dismissed in its entirety. The Applicant avers that the delay in ling this second appeal was caused by his failure to be supplied with copies of the original trial court's proceedings and judgment, despite his intention to appeal. He further states that he is a pauper and is unable to raise the requisite court fees. 4. The record shows that the judgment appealed against was delivered on 10th November 2016. The instant application was led on 8th July 2024, approximately seven (7) years later. By virtue of Rule 4 of the Court of Appeal Rules, 2010, this Court has jurisdiction to extend the time for ling a notice of appeal. The principles that guide this Court in considering such applications were well articulated in the case of Nicholas Kiptoo Arap Korir Salat v. Independent Electoral and Boundaries Commission & 7 others [2014] eKLR. The Court must consider: a. The length of the delay. b. The reasons for the delay. c. The chances of the appeal succeeding. d. The degree of prejudice to the Respondent. 5. Regarding the length of delay, the delay is prolonged. However, the Applicant is a convicted prisoner serving a life sentence. The Applicant attributes the delay to the lack of proceedings to facilitate the appeal. Given the incarceration status of the Applicant and the complexities of prison logistics, I am inclined to accept that the Applicant deserves an opportunity to have his second appeal heard on merit rather than being shut out on technicalities. 6. On the issue of the pauper application, the Applicant has deponed that he is serving a life sentence and has no source of income. No evidence has been placed before me to contradict this assertion. He has stated he is unable to pay the required fees. I am satised that the Applicant meets the threshold for legal aid under Rule 31 of the Court of Appeal Rules. 7. Consequently, I nd the application meritorious. It is hereby ordered as follows: a. The Applicant is allowed to le and serve appeal out of time, and the Notice of Appeal and Memorandum of Appeal led on 8th July 2024 are deemed duly led. b. The Applicant is hereby allowed to prosecute this appeal as a pauper. The Deputy Registrar is directed to waive the ling fees in respect of this appeal. c. The Deputy Registrar is directed to facilitate the preparation of the record of appeal and list the matter for case management. DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 22ND DAY OF MAY, 2026. R. NGETICH ……………………… 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/2026/2102/eng@2026-05-22 2

page 2 of 2