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Court of AppealAllowedNot stated in the judgment (arising from High Court Criminal Appeal (ACECA) No. E012 of 2023)

Wanjiru v Republic (Criminal Application E035 of 2025) [2025] KECA 1263 (KLR)

Court of Appeal of Kenya
11 July 2025
269 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal allowed a convicted man to file his appeal late because poverty after losing his job kept him from raising court fees.

What this practically means

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Executive summary

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This is a short ruling of the Court of Appeal (D.K. Musinga, JA, President) delivered at Nairobi on 11th July 2025 on the appellant's notice of motion dated 26th February 2025, seeking extension of time to file an appeal against the decision of the High Court (E.N. Maina, J.) dated 28th June 2024 in Criminal Appeal (ACECA) No. E012 of 2023, which dismissed the appellant's appeal against conviction and sentence. The appellant had been convicted of obstruction contrary to section 66(1) as read with section 66(2) of the Anti-Corruption and Economic Crimes Act and fined Kshs.400,000, in default 12 months' imprisonment. Following the conviction he lost his employment and could not raise the fees needed to lodge an appeal to the Court of Appeal. The application was unopposed: the respondent filed no response despite service of the hearing notice on 30th June 2025. Having perused the memorandum of appeal dated 26th February 2025, the judge found the grounds of appeal arguable, the reason for the delay plausible, and no prejudice to the respondent. The court granted leave to appeal out of time and deemed the notice of appeal dated 25th February 2025 as filed in time. No costs order was made, and no other relief was sought or refused.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the appellant should be granted extension of time to file an appeal out of time against the High Court's dismissal of his first appeal
  2. 2.Whether the grounds of appeal are arguable, whether the reason for the delay is plausible, and whether the respondent would suffer prejudice

Key legal issues

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01

Whether extension of time to file an appeal should be granted

Holding

The court granted the extension because the grounds of appeal were arguable, the explanation for the delay (loss of employment and inability to raise filing fees following conviction) was plausible, and no prejudice would befall the respondent.

Reasoning

The appellant was convicted of obstruction under the Anti-Corruption and Economic Crimes Act, fined Kshs.400,000 with a default sentence of 12 months' imprisonment, and consequently lost his employment and could not raise the requisite appeal fees. The application was unopposed, the respondent having filed no response despite service on 30th June 2025. On perusal of the memorandum of appeal, the judge found the grounds arguable and the delay plausible.

p. 3

Legal principles established

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  • In an unopposed extension-of-time application, the court examines whether the grounds of appeal are arguable, whether the reason for the delay is plausible, and whether prejudice would be occasioned to the respondent; where these are satisfied, leave to appeal out of time is granted.

Court orders

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  1. 1.Leave granted to the appellant to appeal out of time as sought
  2. 2.The notice of appeal dated 25th February 2025 is deemed as having been filed in time

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
High Court of Kenya
Criminal Appeal (ACECA) No. E012 of 2023
Jurisdiction invoked
The Court of Appeal's inherent/appellate jurisdiction to extend time for filing an appeal (specific statutory provision not cited in the ruling; the underlying offence is under section 66(1) as read with section 66(2) of the Anti-Corruption and Economic Crimes Act)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The grounds of appeal raised are arguable. The reason for the delay in filing the appeal is plausible. No prejudice would be occasioned to the respondent if this application is granted. I therefore grant leave to appeal out of time as sought.
p. 3Test for extension of time and the disposition granted
The notice of appeal dated 25th February 2025 is deemed as having been filed in time.
p. 3Final order deeming the notice of appeal filed in time

Issues in the judgment

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minor

The ruling does not state the names of the parties, the Court of Appeal case number, or any costs order; the party names and case number in this brief are reconstructed from context only.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Wanjiru v Republic (Criminal Application E035 of 2025) [2025] KECA 1263 (KLR)", Case Analysis (2025). Not stated in the judgment (arising from High Court Criminal Appeal (ACECA) No. E012 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1263/eng@2025-07-11

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