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Court of AppealDismissedCriminal Application arising from High Court Criminal Case No. 38 of 2018; Notice of Motion dated 24th October 2024· [2025] KECA 379 (KLR)

Langat v Republic (Criminal Application E218 of 2024) [2025] KECA 379 (KLR)

Court of Appeal of Kenya

28 February 2025

M. Warsame

330 words in judgment

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The bottom line

Kenya's Court of Appeal dismissed a prisoner's request to file a late murder appeal because he gave no reason for a three-year delay.

What this practically means

Executive summary

This is a single-judge ruling of the Court of Appeal at Nakuru (Warsame, JA) delivered on 28th February 2025 on a notice of motion dated 24th October 2024 in which an applicant convicted of murder contrary to section 203 as read with section 204 of the Penal Code sought leave to appeal out of time against his conviction and sentence. The applicant was convicted by the High Court in Criminal Case No. 38 of 2018 in a judgment dated 5th November 2021, sentenced to death, with the sentence later commuted to life imprisonment. He complained that the sentence was harsh and excessive, that the judge failed to consider his defence, and that his identification was inconclusive. The respondent, through written submissions, did not oppose the application, noting that the sentence was lengthy and this was a first appeal. The court applied the settled criteria in Leo Sila Mutiso v Helen Wangari: the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the prejudice to the respondent. Finding that neither the application nor the supporting affidavit gave any reason for a delay of about three years, the court held the delay inordinate and inexcusable, stating that it cannot act on its own whims in granting the orders sought. The discretion was declined and the application dismissed, with no costs order made.

Key legal issues

Discretion to extend time for filing an appeal

Holding

The application was dismissed because the applicant offered no reason for a delay of about three years, which the court found inordinate

Reasoning

The court applied the settled criteria in Leo Sila Mutiso v Helen Wangari: length of delay, reason for delay, chances of the appeal succeeding, and prejudice to the respondent. Although the respondent did not oppose the application on the basis that the sentence was lengthy and this was a first appeal, the court held that it could not act on its own whims. Since the supporting affidavit gave no reason for the three-year delay, the discretion was declined and the application dismissed.

p. 2

Legal principles established

In an extension-of-time application, the court considers: the length of the delay; the reason for the delay; the chances of the appeal succeeding if granted; and the degree of prejudice to the respondent if granted.
An applicant for extension of time must give a tangible reason for the delay; the court cannot grant the orders on its own motion where no reason is given.

Court orders

1.The application for leave to appeal out of time is dismissed
2.The court declines to exercise its discretion in favour of the applicant

On appeal from: High Court of Kenya; Criminal Case No. 38 of 2018
Jurisdiction invoked: Inherent discretion of the Court of Appeal to extend time for filing an appeal (extension-of-time jurisdiction under the Appellate Jurisdiction Act / Court of Appeal Rules, not expressly provisioned in the ruling)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Langat v Republic (Criminal Application E218 of 2024) [2025] KECA 379 (KLR)", Case Analysis (2025). Criminal Application arising from High Court Criminal Case No. 38 of 2018; Notice of Motion dated 24th October 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/379/eng@2025-02-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.