Atenya v Republic (Criminal Appeal E092 of 2024) [2026] KEHC 8964 (KLR) (25 June 2026) (Ruling) Neutral citation: [2026] KEHC 8964 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL APPEAL E092 OF 2024 NM ORINA, J JUNE 25, 2026 BETWEEN RAMADHAN ATENYA .......................................................................... APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This appeal was mentioned on 21 May 2026 when the Court directed that the Director of Public Prosecutions (DPP) be supplied with the appeal and submissions in support of the appeal. The DPP was further granted 7 days within which to file submissions. The DPP has not complied with these directions. However, upon perusal of the file, I have noted that the Appellant filed an application dated 27 April 2026 for leave to amend his grounds of appeal. This application is pending determination. 2. The application is brought pursuant to Section 350 of the Criminal Procedure Code and on the grounds adduced in the Appellant’s undated affidavit averring that the Appellant was not able to file an appeal within the prescribed period because he did not have access to the trial proceedings and that he seeks to be allowed to amend his grounds of appeal having decided to challenge both the conviction and sentence. The Appellant has also annexed the amended grounds of appeal to the application. 3. Section 350 of the Criminal Procedure Code provides as follows: 1. An appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every petition shall (unless the High Court otherwise directs) be accompanied by a copy of the judgment or order appealed against. …. Provided that— https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8964/eng@2026-06-25 1
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i. subject to the provisions of paragraph (ii), where, within five days of the date of the judgment or order appealed against, the appellant or his advocate has applied to the subordinate court which passed the judgment or made the order for a copy of the record of the proceedings before that court, and where the appeal is entered within the period of limitation prescribed by section 349 but before receipt by the appellant or his advocate of the copy of the record, the petition of appeal may be amended on notice in writing to the Registrar of the High Court and to the Director of Public Prosecutions and without leave of the High Court, within seven days of the receipt by the appellant or his advocate of the copy of the record applied for; … (iv) 4. save as provided in paragraph (i), a petition of appeal may only be amended with the leave of the High Court and on such terms and conditions, whether as to costs or otherwise, as the High Court may see fit to impose; A perusal of the grounds of appeal indicates that the Appellant does not raise fundamentally different grounds of appeal in the amended grounds of appeal but seeks to rephrase them in a clearer manner. It is my determination that the Appellant is entitled to present his case in the best way possible and there will be no prejudice on the part of the DPP who has, in any case, not filed submissions on the appeal. The application is hereby allowed and the amended grounds of appeal annexed to the application shall be considered as duly filed. RULING DELIVERED VIRTUALLY THIS 25TH DAY OF JUNE 2026 NABIL M. ORINA JUDGE Ruling Delivered in the presence of: The Applicant in person Hamza – Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8964/eng@2026-06-25 2
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