Ochiengo v Republic (Criminal Application E035 of 2026) [2026] KECA 1226 (KLR) (1 July 2026) (Ruling)

Ochiengo v Republic (Criminal Application E035 of 2026) [2026] KECA 1226 (KLR) (1 July 2026) (Ruling) Neutral citation: [2026] KECA 1226 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CRIMINAL APPLICATION E035 OF 2026 JM MATIVO, JA JULY 1, 2026 BETWEEN BRIAN ONCHIRI OCHIENGO ............................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Being an application for extension of time to file a notice of appeal and memorandum of appeal from the judgment of the High Court of Kenya at Nakuru (J. Nange’a, J.) dated 14th October 2025 in CRA No. E081 of 2024)

Ruling

1. Before me for determination is the applicant’s un-dated application in which he seeks extension of time to le a notice of appeal and memorandum of appeal out of time against the judgment delivered in HCCRA No. E081 of 2024 on 14th October 2025 by Nange’a, J. He also prays that his notice of appeal be deemed to be duly led.

2. The applicant’s main grounds are that he is a lay person and he was not promptly informed of the judgment by his then advocate; that the intended appeal is arguable; that the respondent will not suer prejudice; that his family had promised to hire an advocate for him but it did not do so, and, it is in the interests of justice that he be granted the opportunity to appeal.

3. The respondent led submissions dated 28th June 2026 conceding to the application.

4. Rule 4 of the Court of Appeal Rules gives the Court unfettered discretion to “… 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 …, on such terms as it thinks just.”

5. This Court takes judicial notice of the constraints faced by prisoners. In cases like PSN vs. Republic [2026] KECA 860, this Court observed that it must remain cognizant of the immense hurdles an unrepresented, incarcerated convict faces when trying to navigate the legal system from behind bars.

6. Also, this Court frequently accepts delayed timelines if the convict proves they relied on relatives to raise funds for legal counsel or to pursue their appeals. For instance, in Makunda vs. Republic [2026] KECA 998, this Court citing Kariuki vs. Republic, ruled that a long delay was fully excusable where an incarcerated applicant relied entirely on family members who initially promised to hire a lawyer but failed due to acute nancial hardship.

7. The nature of the sentence plays a heavy role in criminal extensions. In multiple appellate rulings, such as Otunga vs. Republic [2026] KECA 686] and Samuel vs. Republic [2026] KECA 753], the Court explicitly held that taking into account the harsh nature of the sentence (such as life imprisonment or lengthy terms), "justice will be served by allowing the applicant a chance to le his appeal, considering this may the appellant’s last opportunity to mount an appeal".

8. I have considered the reasons for the delay advanced by the applicant as set out in the motion and the supporting adavit. I am satised that the reasons oered are plausible. In the circumstances, I’m inclined to exercise my discretion in the applicant’s favour. Accordingly, I grant the applicant extension of time to le both his notice of appeal and memorandum of appeal out of time against the judgment delivered in HCCRA No. E081 of 2024 delivered on 14th October 2025. I direct the applicant to le his notice of appeal within 14 days from today and his memorandum of appeal within 60 days from today. DATED AND DELIVERED AT NAKURU THIS 1ST DAY OF JULY, 2026. J. MATIVO

JUDGE OF APPEAL I certify that this is a true copy of the original. Signed. DEPUTY REGISTRAR.