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Court of AppealAllowedCriminal Application No. E078 of 2026

Ismael Leshan Sorongoi v Republic

Court of Appeal
5 October 2026
MKMurungi B. Kairaria
628 words in judgment
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The bottom line

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Kenya's Court of Appeal gave a prisoner more time to appeal because prison transfers delayed his paperwork and the State never disputed his account.

What this practically means

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Executive summary

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This is a single-judge (in chambers) ruling of the Court of Appeal at Nakuru on an application under Rule 4 of the Court of Appeal Rules for extension of time to lodge a notice of appeal. The applicant, Ismael Leshan Sorongoi, sought to mount a second appeal to the Court of Appeal following the dismissal by F. Gikonyo J of the High Court at Kilgoris, on 6th November 2024, of his first appeal against conviction in Kilgoris CMMCCR Case No. E028 of 2023. Under Rule 61(1) he was required to lodge his notice of appeal within 14 days of the decision, which he did not do. He explained that he had prepared a notice of appeal immediately after the dismissal but, being incarcerated, was transferred sequentially to Narok Medium Prison and then Naivasha Maximum Prison, and that the notice was apparently never transmitted to the court by the prison authorities. He deponed that he only discovered the omission with the assistance of a paralegal at the Justice Defenders Legal Office at Naivasha Maximum Prison, after which he filed the application with dispatch. The Republic opposed, contending in written submissions that the delay was inordinate and unexplained, but filed no affidavit in response. Kairaria JA found the explanation plausible and satisfactory, noting the absence of any controverting affidavit, and allowed the application. The applicant was directed to lodge and serve his notice of appeal within 14 days and his memorandum of appeal within 21 days of lodging the notice. No costs order was recorded.

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 a plausible and satisfactory explanation for the delay in lodging his notice of appeal
  2. 2.Whether extension of time should be granted to enable a second appeal to the Court of Appeal

Key legal issues

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01

Extension of time to lodge notice of appeal

Holding

Extension granted where the applicant's explanation - that his prepared notice of appeal was not transmitted by prison authorities after transfers - was uncontroverted

Reasoning

The applicant was required under Rule 61(1) to lodge a notice of appeal within 14 days. He attributed the failure to incarceration and sequential prison transfers, and to discovery only via a paralegal that no appeal was registered. The respondent opposed via submissions but filed no affidavit to controvert the applicant's assertions. The single judge found the explanation plausible and satisfactory and exercised discretion to extend time.

p. 4

Legal principles established

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  • An uncontroverted affidavit explanation for delay in filing a notice of appeal, including incarceration and prison transfers, may constitute a plausible and satisfactory explanation for extension of time

Court orders

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  1. 1.Application dated 30th March 2026 allowed
  2. 2.Applicant to lodge and serve notice of appeal within 14 days of delivery of the ruling
  3. 3.Applicant to file and serve memorandum of appeal within 21 days of lodging the notice of appeal

The bench

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

MK
majority

Wrote the judgment

On appeal from
High Court of Kenya at Kilgoris
HC.CR.A No. E028 of 2023
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.

I am persuaded that the explanation given for the delay is plausible and satisfactory.
p. 4extension of time - explanation for delay
no affidavit was filed in response to controvert the Applicant’s assertion that he had prepared a notice of appeal immediately after the dismissal of his first appeal
p. 4uncontroverted affidavit evidence
I direct that the Applicant shall lodge and serve his notice of appeal within 14 days of delivery of this ruling and thereafter file and serve his memorandum of appeal within 21 days of lodging the Notice of appeal.
p. 5final orders

Issues in the judgment

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minor

Ruling dated 5th October 2026 but application dated 30th March 2026 references submissions dated 30th September 2026; chronology as printed is internally odd

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, "Ismael Leshan Sorongoi v Republic", Case Analysis (2026). Criminal Application No. E078 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2101/eng@2026-10-05

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