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Court of AppealAllowedNot stated in the judgment

Mose v Republic (Criminal Application E053 of 2024) [2026] KECA 311 (KLR)

Court of Appeal of Kenya
19 February 2026
LKL. Kimaru
326 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal let a imprisoned murder convict appeal late because missing court records, not neglect, caused the delay.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Kisumu (L. Kimaru, JA) on an application by Philip Ombuoga Mose for leave to appeal out of time against his conviction and sentence for murder contrary to section 203 as read with section 204 of the Penal Code, delivered by the High Court on 3rd March 2020. The applicant explained that he was prevented from filing his appeal in time because the High Court registry did not supply him with certified typed copies of the proceedings, and that his imprisonment prevented him from following up the typing of the proceedings. The respondent, through Prosecuting Counsel Ms. Victorine Kitoto, did not oppose the application in the interests of justice. The Court invoked Rule 4 of its Rules, which grants jurisdiction to extend time for steps taken outside prescribed periods, and found that the applicant had given a satisfactory explanation for the delay. The Court exercised its discretion in the applicant's favour, allowed the application, granted leave to appeal out of time, and directed that the notice of appeal be filed and served within fourteen days. No costs order was made. This interlocutory ruling binds no trial court on substantive law but records the Court's discretionary practice on extension of time where delay is attributable to the registry and the applicant's incarceration.

Questions the Court framed

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

  1. 1.Whether the applicant should be granted leave to appeal out of time against his conviction and sentence for murder

Key legal issues

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01

Whether the applicant gave a satisfactory explanation for the delay in lodging the appeal

Holding

The Court found that the applicant's inability to obtain certified typed proceedings from the High Court, compounded by his imprisonment, amounted to a satisfactory explanation justifying the exercise of discretion in his favour.

Reasoning

The applicant was convicted and sentenced for murder and wished to appeal. He explained the delay by the failure of the High Court registry to supply certified typed proceedings, and his incarceration prevented him from following up the typing. The respondent did not oppose the application, citing the interests of justice. The Court was persuaded that a case for extension of time had been made.

p. 1

Legal principles established

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  • Rule 4 of the Court of Appeal Rules confers jurisdiction on the Court to extend time for any steps to be taken outside the period prescribed by the Rules, where a satisfactory explanation for the delay is given

Court orders

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  1. 1.The application for leave to appeal out of time is allowed
  2. 2.The applicant is granted leave to appeal out of time
  3. 3.The notice of appeal shall be filed and served within fourteen (14) days of today's date

The bench

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

LK
majority

Wrote the judgment

On appeal from
High Court
Not stated in the judgment
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time)

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 application has merit. It is hereby allowed. The applicant is granted leave to appeal out of time.
p. 2Final orders - extension of time granted
Being in prison, he could not follow up the typing of proceedings by High Court registry. This Court is persuaded that the applicant made a case for this Court’s exercise of its discretion in his favour.
p. 1Satisfactory explanation for delay
The notice of appeal shall be filed and served within fourteen (14) days of today’s date.
p. 2Direction on filing of notice of appeal

Issues in the judgment

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minor

The judgment is dated 19th February 2026, a future-dated or possibly typographical date, which conflicts with the internal chronology of a 2020 conviction

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, "Mose v Republic (Criminal Application E053 of 2024) [2026] KECA 311 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/311/eng@2026-02-19

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