Katumo v Republic (Miscellaneous Criminal Application E050 of 2025) [2026] KEHC 13026 (KLR) (21 August 2026) (Ruling) Neutral citation: [2026] KEHC 13026 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MAKUENI MISCELLANEOUS CRIMINAL APPLICATION E050 OF 2025 JN ONYIEGO, J AUGUST 21, 2026 BETWEEN RAPHAEL MUTIE KATUMO ................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant was charged with two counts of Murder Contrary to Section 203 as read out with Section 204 of the Penal Code. Particulars were that on 20-11-2016, at Mulala village Iteta SubLocation Mulala Division, Nzaui Sub-County within Makueni County he murdered Angelina Mwikali Katumo (Count 1) and Peter Maundi(Count 2). 2. Having denied the charge, the matter proceeded to full trial. Consequently, he was convicted of both counts. He was subsequently sentenced to 45 years’ imprisonment for each count. The said sentence is to run concurrently. 3. Aggrieved by the said conviction and sentence, he moved to this court vide a Notice of Motion dated 10th November 2025 for leave to file a Petition of Appeal out of time and that he be supplied with the record of appeal. His application is anchored on grounds that; despite applying for court proceedings, he did not get the same and secondly; his family had promised to get him an advocate but in vain. 4. In response, prosecution did not oppose the application. I have considered the application herein and the response thereof. The only issue for determination is whether the application is merited. Under Section 379(1) of the Criminal Procedure Code, an appeal from the High Court is lodged before the Court of Appeal within 14 days. In this case, judgment was delivered on 30-6-2025 and then sentenced on 28-8-25. The application herein was filed on 24-11-2025. 5. It is clear from the record that both the judgment and sentence were delivered on CTS implying that they were available immediately they were delivered. I do not see any reason for not filing the petition of https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13026/eng@2026-08-21 1
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appeal in time. Be that as it may, the application herein should be filed before the court of appeal which has jurisdiction over the intended appeal. For those reasons, the application is dismissed. However, a copy of judgment and proceedings which are ready if not supplied, should be supplied. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 21ST DAY OF AUGUST 2026 ........................................... J.N.ONYIEGO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13026/eng@2026-08-21 2
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