Ngethe v Republic (Criminal Appeal E062 of 2025) [2026] KEHC 6798 (KLR) (14 May 2026) (Ruling) Neutral citation: [2026] KEHC 6798 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CRIMINAL APPEAL E062 OF 2025 JM NANG'EA, J MAY 14, 2026 BETWEEN SIMON KAMAU NGETHE .................................................................... APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. By Notice of Motion dated 17th November 2025, the Applicant prays for orders as hereunder;1. That this Honourable court be pleased to grant the Applicant leave to file an appeal out of time against the conviction and sentence in Criminal Case No. Nakuru Criminal Case No. MCCHSO E046/2023 delivered on 16/06/2025. 2. That the annexed draft Petition of Appeal be deemed as duly filed. 3. That this Honourable Court do make such further and/or other orders as it may deem just and expedient in the circumstances. 2. The Application is supported by the Applicant’s affidavit purportedly sworn on 17th November 2025. In a nutshell, he explains delay to lodge the Appeal as attributable to his lack of representation by Legal Counsel during trial. As a result, he was ignorant of the period within which an Appeal ought to be lodged. The Applicant therefore inter alia states that delay to bring the Appeal was inadvertent and craves the court’s discretion to allow the application. 3. The Prosecution Counsel (Mr. Wakasyaka) does not oppose the Application. 4. The impugned decision was rendered on 13/2/2025. The Applicant was convicted of the ofience of threatening to kill Contrary to Section 223(1) of the Penal Code and sentenced to eight (8) years in prison upon his plea of “guilty”. The particulars of the ofience state that on 22nd February 2025 at Mlima Village, Mau Summot Location, in Kuresoi North Sub-County at Nakuru County, without https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6798/eng@2026-05-14 1
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lawful excuse, the Applicant uttered these words to wit; “Shetani wewe nitakuuwa leo na nikukatekate kwa vipande”, threatening to kill Dominic Ngethe while armed with a panga. 5. The sentence was meted out on 13/2/2025 and so the Application is brought about 9 months thereafter. This is a long delay but I am satisfied by the explanation therefore. Noting that the Prosecution Counsel does not also object, the Application is allowed as per prayers 1 and 2 and the Appeal herein is consequently deemed as duly filed. 6. Ruling accordingly. J. M. NANG’EA, JUDGE. RULING DELIVERED VIRTUALLY THIS 14TH DAY OF MAY, 2026. In the presence of: Mr Wakasyaka for the DPP. The Applicant. The Court Assistant (Jenifier). J. M. NANG’EA, JUDGE. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6798/eng@2026-05-14 2
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