Cheboi v Republic (Criminal Application E071 of 2024) [2026] KECA 1930 (KLR) (25 September 2026) (Ruling) Neutral citation: [2026] KECA 1930 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT ELDORET CRIMINAL APPLICATION E071 OF 2024 PM GACHOKA, JA SEPTEMBER 25, 2026 BETWEEN FREDRICK KANGOGO CHEBOI ........................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. By Notice of Motion dated 11th September 2024, the applicant seeks leave of this Court to appeal out of time against the conviction and sentence of the Eldoret High Court in HCCRA No. 174 of 2019. The applicant was charged with the oence of Robbery with violence contrary to section 296(2) of the Penal Code in the Eldoret Chief Magistrate’s Court Criminal Case No. 1687 of 2018. He was convicted and sentenced to life imprisonment on 30th October, 2019. Thereafter, the applicant appealed before the Eldoret High Court vide Criminal Appeal No. 174 of 2019 where his appeal was heard and his sentence reduced from life to 30 years. 2. The applicant’s Notice of Motion is supported by his supporting adavit dated 11th September, 2024. He urged this Court to allow the application for the reason that he was not furnished with the court proceedings. 3. The appellant led submissions dated 9th September 2026 urging that he led his appeal on time but there was no feedback, prompting the present application. That his grounds of appeal raise questions of law t for determination in this appeal. Reliance was placed on Andrew Kiplagat Chemaringo vs Paul Kipkorir Kibet (2018) eKLR, and further, he urged that his reasons pass the threshold to allow his appeal to proceed. 4. The respondent opposed the appeal. Through prosecution counsel Fredrick Rapando, it led submissions dated 7th September 2026. The respondent pointed out that at paragraph 6 of his Supporting Adavit, the Applicant attributes the delay to what he describes as “unavoidable https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1930/eng@2026-09-25 1
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circumstances.” That he however falls short of identifying or particularizing the circumstances said to have occasioned the delay and no cogent, or reasonable explanation has been advanced to account for the prolonged period of inaction. Further, that the application was led approximately one (1) year and nine (9) months after the delivery of the High Court’s judgment. It was urged that the Applicant has failed to discharge the burden of laying a proper basis upon which this court may exercise its discretion in his favour. The respondent submitted that the application is devoid of merit and should be dismissed. 5. I have considered the application, the supporting adavit and the submissions led by the parties. The discretion to extend under rule 4 of the Court of Appeal Rules 2022 is wide and discretionary. However, it must be exercised judiciously. This means that an applicant must give good and cogent reasons for the delay. Though the law does not set the minimum of maximum period of for the delay, the length of the delay is material and must be satisfactorily explained. 6. I agree with the respondent that the delay in ling this application is inordinate. An applicant seeking an extension of time must provide a satisfactory and plausible explanation for the delay, since such extension is a matter of law and not an act of mercy. I note that no ground or reason for the delay has been given, either in the supporting adavit or in the submissions. The applicant was sentenced to life imprisonment for robbery with violence, but the sentence was reduced to 30 years on appeal. The mandatory sentence for the oence is death. Other than raising the grounds of appeal, the applicant ought to have explained the delay in ling the applicant. In the absence of any reasons, I decline to exercise my discretion in favor of the applicant. 7. Accordingly, I dismiss the application in its entirety. DATED AND DELIVERED AT ELDORET THIS 25TH DAY OF SEPTEMBER, 2026. M. GACHOKA C.ARB, FCIARB. ................... JUDGE OF APPEAL https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1930/eng@2026-09-25 2
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