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Case Brief · caselaw.co.ke
Court of AppealDismissedCriminal Application E064 of 2024

Lopela v Republic

Court of Appeal
25 September 2026
706 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal refused a prisoner's late appeal because he waited about four years without showing any real effort to move his case forward.

What this practically means

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Executive summary

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The applicant, convicted of murder and sentenced to 30 years' imprisonment by the Kapenguria High Court on 11 August 2020, sought extension of time under rule 4 of the Court of Appeal Rules, 2022 to appeal out of time, attributing the delay to the court's failure to furnish him with proceedings. The respondent did not oppose, conceding the reason was plausible and the delay not inordinate, relying on Kimanga vs Republic. Gachoka JA held the rule 4 discretion is wide but must be exercised judiciously on good and cogent reasons, and that the length of delay, though not statutorily capped, is material and must be satisfactorily explained. The court found the delay was about four years, inordinate, and that extension is a matter of law, not mercy. While accepting the non-furnishing of proceedings was undisputed and acknowledging the practical difficulties of incarceration, the court held inmates are not exempt from the duty to act diligently: the applicant could have written to the registry, sought the prison Officer in Charge's assistance, or approached legal aid, but demonstrated no such steps. The explanation was therefore insufficient and the application was dismissed. The applicant's conviction and sentence remain undisturbed; no costs order was made.

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 has given good and cogent reasons satisfactorily explaining the inordinate delay of about four years in seeking leave to appeal out of time

Key legal issues

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01

Whether the delay of about four years was satisfactorily explained

Holding

It was not; the applicant did not demonstrate reasonable efforts to obtain proceedings or pursue the appeal

Reasoning

The court accepted the delay stemmed from non-furnishing of proceedings, undisputed by the respondent, but held the applicant could have written to the registry, sought prison authorities' assistance, or approached legal aid. He showed no such steps, so the explanation was insufficient for the inordinate delay.

p. 2

Legal principles established

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  • Extension of time under rule 4 is a wide but judicial discretion requiring good and cogent reasons; the length of delay is material and must be satisfactorily explained
  • Inmates are not exempt from the duty to act diligently in pursuing an appeal

Court orders

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  1. 1.The application for extension of time to appeal out of time is dismissed

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 at Kapenguria
HCCR No. 08 of 2019
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules, 2022

Relief refused

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Extension of time to file appeal against conviction and sentence

The applicant failed to satisfactorily explain the inordinate delay of about four years

Costs

No costs order made in the ruling

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 discretion to extend under rule 4 of the Court of Appeal Rules, 2022 is wide and discretionary. However, it must be exercised judiciously.
p. 2Extension of time discretion
extension of time is a matter of law, not an act of mercy
p. 2Nature of extension of time
He was required to demonstrate reasonable eorts to pursue the appeal, including seeking assistance from the relevant prison authorities where necessary.
p. 2Duty of diligence by inmates
Accordingly, I am not satised that the applicant has explained the inordinate delay and I dismiss the application.
Final orders

Issues in the judgment

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minor

Delay length stated inconsistently: respondent says about 6 years 1 month; court says about four years, not six and a half years

minor

Sentence stated as 30 years' imprisonment but court refers to applicant serving a life sentence

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, "Lopela v Republic", Case Analysis (2026). Criminal Application E064 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1850/eng@2026-09-25

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