Marwa v Republic (Criminal Application E098 of 2024) [2026] KECA 241 (KLR)
The bottom line
#Kenya's Court of Appeal let a convicted man file his appeal late, ruling that delayed court records and Covid-19 disruptions were valid reasons for the delay.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant should be granted extension of time to file an appeal out of time, having regard to the reason for the delay, the prejudice to the respondent and the merits of the intended appeal
Key legal issues
#Extension of time to appeal out of time
The application was allowed because the delay was satisfactorily explained: the applicant was not availed typed and certified proceedings in time, compounded by the Covid-19 lockdown, and the respondent did not oppose.
The applicant explained that the trial court failed to avail him certified typed copies of the proceedings and judgment. The court took judicial notice of the Covid-19 lockdown period during which court services, including typing of proceedings, were adversely affected. It found the reason excusable and noted the respondent's non-opposition, concluding the application had merit.
Legal principles established
#- The Court's jurisdiction to extend time under Rule 4 of the Court of Appeal Rules is discretionary, and a satisfactory, excusable explanation for the delay, together with non-opposition by the respondent, justifies the extension.
Court orders
#- 1.The application is allowed
- 2.The applicant is granted extension of time to file the appeal out of time
- 3.The notice of appeal shall be filed and served within fourteen (14) days of the date of the order
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court (trial court inferred from record)
- Not stated in the judgment
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
Quotable passages
#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 Court is convinced of the reason given by the applicant for delay in lodging the appeal in time. The reason given is excusable.
The application has merit. It is hereby allowed. The applicant is granted extension of time to file the appeal out of time.
The notice of appeal shall be filed and served within fourteen (14) days of today’s date.
Issues in the judgment
#The judgment is dated 11th February 2026, which appears to be a future date and may be a typographical error on the face of the certified copy.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Marwa v Republic (Criminal Application E098 of 2024) [2026] KECA 241 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/241/eng@2026-02-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.