Jared Danvas Bosire v Republic
The bottom line
#Kenya's Court of Appeal allowed a prisoner to appeal three years late because the prosecution didn't oppose it.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to appeal out of time should be granted under Rule 4 of the Court of Appeal Rules
The application, brought under Rule 4 of the Court of Appeal Rules and unopposed by the Director of Public Prosecutions, was merited and leave was granted.
The applicant was convicted of defilement and sentenced to forty years imprisonment. His first appeal to the High Court at Kisii was dismissed on 23rd August 2022. He wished to exercise his right of second appeal to the Court of Appeal but needed an extension of time. The application was made under Rule 4 of the Court of Appeal Rules and was not opposed by the Director of Public Prosecutions. On those facts, the court found the application had merit, granted leave to appeal out of time, and directed that the notice of appeal be filed and served within fourteen days.
Legal principles established
#- Where an application for leave to appeal out of time is unopposed and has merit, the court may grant leave and direct the filing and service of the notice of appeal within a specified period
Court orders
#- 1.Leave granted to the applicant to appeal out of time
- 2.The applicant to file and serve the notice of appeal within fourteen (14) days of the date of the ruling
- On appeal from
- High Court of Kenya at Kisii
- Not stated in the judgment
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jared Danvas Bosire v Republic", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1935/eng@2025-11-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.