Kiberenge v Republic (Criminal Application E035 of 2026) [2026] KECA 1693 (KLR) (25 September 2026) (Ruling) Neutral citation: [2026] KECA 1693 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT ELDORET CRIMINAL APPLICATION E035 OF 2026 L NDOLO, JA SEPTEMBER 25, 2026 BETWEEN JACOB SIMIYU KIBERENGE ................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Application for extension of time to file a notice of appeal out of time against the Judgment of the High Court at Kitale (R.K. Limo, J.) delivered on 16th June 2026 in HCCRC No E039 of 2021) RULING 1. The applicant’s notice of motion dated 30th July 2026 seeks extension of time to le a notice of appeal against the judgment of the High Court delivered on 16th June 2026, by which the applicant was convicted of the oence of murder and sentenced to 28 years’ imprisonment. 2. The motion is supported by the applicant’s own adavit and is based on the grounds that: a. The applicant was convicted of murder contrary to section 203 as read with section 204 of the Penal Code and sentenced to 28 years’ imprisonment; b. The judgment was delivered on 16th June 2026 and the appellant was sentenced on 22nd July 2026; c. The applicant is aggrieved by the decision and desires to appeal to this Court; d. The applicant was unable to le the notice of appeal within the prescribed time because he is incarcerated and lacks the means to raise funds to engage an advocate; e. The delay has been satisfactorily explained and is not inordinate in the circumstances; f. The intended appeal raises arguable grounds of law and fact and is not frivolous; https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1693/eng@2026-09-25 1
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g. The respondent will not suer any prejudice if the order sought is granted. 3. By its submissions dated 8th September 2026, the respondent concedes the application, stating that the delay of approximately three (3) months is not inordinate, in light of the fact that the applicant is in prison. In urging this position, the respondent cites this Court’s decision in Kimanga vs Republic [2025] KECA 354 (KLR). 4. In determining an application for extension of time to le a notice of appeal or an appeal, the Court considers both the period of delay and the reason for the delay. This position has been armed in several decisions of this Court. In Mukunza vs Republic [2026] KECA 293 (KLR) it was held that in exercising its discretion to extend time under rule 4 of the Court of Appeal Rules, the Court takes into account both the length of delay and the reason for it. 5. In the present case, the length of delay being in the region of 3 months is fairly short. Additionally, the applicant has explained the reason for the delay, which is acceptable in light of his incarceration and the limitations that go with it. 6. In the circumstances, I will exercise discretion in favour of the applicant. The notice of appeal annexed to the application is admitted as duly led. 7. The Deputy Registrar, Kitale High Court is directed to prepare and serve the record of appeal on the appellant and the respondent within the next 30 days from the date of this ruling. 8. A copy of this ruling shall be served upon the Deputy Registrar, Kitale High Court for compliance. DATED AND DELIVERED AT ELDORET THIS 25THDAY OF SEPTEMBER, 2026. L.M. NDOLO ..................... JUDGE OF APPEAL I certify that this is a true copy of the original. Signed DEPUTY REGISTRAR. https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1693/eng@2026-09-25 2
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