Kiio v Republic (Criminal Application E017 of 2026) [2026] KECA 1511 (KLR) (31 July 2026) (Ruling)

Kiio v Republic (Criminal Application E017 of 2026) [2026] KECA 1511 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KECA 1511 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CRIMINAL APPLICATION E017 OF 2026 M SILA, JA JULY 31, 2026 BETWEEN JOHN MUSYOKA KIIO .......................................................................... APPLICANT AND REPUBLIC ............................................................................................  RESPONDENT (Being an application for extension of time to lodge a notice of appeal out of time from the judgment of the High Court (E. N. Maina, J.) dated 14th November, 2025 in HCCRA. No. E016 of 2025) RULING 1. The applicant was charged at the Chief Magistrate’s Court, Kithimani, with the oence of delement contrary to Section 8 (1) as read with Section 8(4) of the Sexual Offences Act. He was duly convicted and sentenced to 15 years imprisonment. His appeal to the High Court against both conviction and sentence was dismissed in a judgment delivered on 14 November 2025. He did not le a notice of appeal within 14 days as required by Rule 61 of the Court of Appeal Rules, 2022. Now, through an application dated 2 February 2026, he seeks leave to le a notice of appeal out of time, and also prays that any requisite fees be waived. The application is supported by the adavit of the applicant where he deposes that his appeal has high chances of success. 2. The application is not opposed and this court has given it due consideration. 3. Though the specic rule under which the application is brought was not cited, it is Rule 4 of the Rules of this Court which applies to applications for extension of time. It provides as follows: The Court may, on such terms as may be just, by order, extend the time limited by these Rules, or by any decision of the Court or of a superior court, for the doing of any act authorized or required by these Rules, whether before or after the doing of the act, and a https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1511/eng@2026-07-31 1 reference in these Rules to any such time shall be construed as a reference to that time as extended.” 4. The principles upon which this court considers an application under Rule 4 are now well settled. The oft cited authority is the case of Mutiso vs Mwangi, (1999) 2 EA, 231, where the court pronounced itself as follows at page 233: “ It is now well settled that the decision whether or not to extend the time for appealing is essentially discretionary. It is also well settled that in general the matters which this court takes into account in deciding whether to grant an extension of time are: rst, the length of delay; secondly, the reason for delay; thirdly (possibly), the chances of the appeal succeeding if the application is granted; and, fourthly, the degree of prejudice to the respondent if the application is granted.” 5. I have these principles in mind while determining this application. 6. On the length of delay, the judgment sought to be appealed against was delivered on 14 November 2025. The application herein is dated 2 February 2026. The delay is of about 2 ½ months. I have not seen any reasons elaborated in the supporting adavit as to why the notice of appeal was not lodged within the stipulated time but I will give the applicant benet of doubt as the length of delay is not extensive. The applicant of course believes that he has a good appeal. He contends that the court did not consider his defence and that the court erred in sustaining the harsh and excessive sentence imposed by the trial court. These are arguable grounds that he may ventilate on appeal. On prejudice to the respondent, I note that the respondent did not le anything to oppose this application and I do not see any prejudice that may be visited upon the respondent if the application is allowed. 7. For the foregoing reasons, I allow the application. I extend time for the applicant to lodge his notice of appeal by a further fourteen (14) days from the date hereof. If he does not le the notice of appeal within the said fourteen (14) days, then the leave granted herein will automatically lapse. On his request for waiver of ling fees, the same is granted. 8. There will be no orders as to costs. DATED AND DELIVERED AT NAIROBI THIS 31ST DAY OF JULY, 2026. MUNYAO SILA ............................ 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/2026/1511/eng@2026-07-31 2