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Monda alias Kolombo v Republic (Criminal Application E046 of 2024) [2026] KECA 192 (KLR) (30 January 2026) (Ruling)

[2026] KECA 192 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
192
Citation
[2026] KECA 192 (KLR)
Decided
30 January 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for extension of time to file appealCoramHA OMONDI
Holding

The application is allowed, and the applicant is granted extension of time to file and serve the notice of appeal within 14 days of the ruling and the record of appeal within 30 days upon service of the Notice of Appeal.

Facts

Keffa Maya Kolombo was convicted of murder and sentenced to a term undisclosed. He failed to file his appeal within 14 days after the judgment was delivered on May 27, 2021.

Issues

  1. Whether the applicant's application for extension of time to file an appeal is merited
  2. Whether the reasons for the delay are reasonable and plausible

Reasoning

The delay of 4 years was due to the applicant's incarceration and lack of access to the courts, and the reasons were reasonable and plausible. The court considered the length of the delay, the reasons for the delay, and the possible prejudice to the respondent.

Outcome

Allowing the application for extension of time

Orders

  • Extension of time to file and serve the notice of appeal within 14 days of the ruling
  • Extension of time to file and serve the record of appeal within 30 days upon service of the Notice of Appeal

Remedies

  • Extension of time to file and serve the notice of appeal
  • Extension of time to file and serve the record of appeal

Authorities cited

Legislation (1)
  • Court of Appeal Rules
Cases cited (1)
  • Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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