Nalianya v Republic (Criminal Application E050 of 2026) [2026] KECA 1989 (KLR) (30 September 2026) (Ruling) Neutral citation: [2026] KECA 1989 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CRIMINAL APPLICATION E050 OF 2026 JM MATIVO, JA SEPTEMBER 30, 2026 BETWEEN JOSEPH SIMIYU NALIANYA ................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Being an application for extension of time to file a notice of appeal out of time from the judgment of the High Court of Kenya at Naivasha (G. L. Nzioka, J.) dated 11th May 2026 in Criminal case No. E015 of 2021) RULING 1. The applicant was charged with the oence of murder contrary to Section 203 as read with Section 204 of the Penal Code, in High Court Criminal Case No. E015 of 2021 at Naivasha High Court and sentenced to thirty 30 years imprisonment on 11th May 2026. The applicant was unable to le the ntice of appeal within 14 days from the date of the judgment because he has not been provided with the copy of the judgement or the record of appeal. He prays for extension of time to le his notice of appeal in his application dated 7th July 2026. He maintains that no prejudice will be occasioned to the respondent by the granting of this application and that his application is made in the interest of justice and to ensure that his substantive rights are not defeated by technicalities. 2. In response to the application, learned counsel for the respondent Mr. Omutelema led submissions dated 27th August 2026 urging that on 15th June 2026, the applicant lodged his notice of appeal in the High Court, Naivasha, and also he led it in the Court of Appeal Registry, Nakuru and it was duly registered as Criminal Appeal NAK. E042 of 2026. Therefore, the appellant's appeal to the Court of Appeal at Nakuru Cr. Appeal No. E042 of 2026 was led within time and the application for leave to appeal out of time is unnecessary. Therefore, this application is superuous. In legal terms, a superuous application to the court is a formal motion or request that is entirely https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1989/eng@2026-09-30 1
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unnecessary, redundant or serves no practical legal purpose. When a court or an opposing lawyer labels an application as "superuous," they mean that the party is asking the Court to grant an order or a relief that is already automatically provided by the law, has already been decided or is completely irrelevant to resolving the case. I say no more. 3. Nevertheless, in the event the applicant is yet to le the appeal, I direct that he les it within the next forty-ve 45 days from today. DATED AND DELIVERED AT NAKURU THIS 30TH DAY OF SEPTEMBER, 2026. J. MATIVO ........................... JUDGE OF APPEAL https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1989/eng@2026-09-30 2
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