Shem v Republic (Criminal Application E048 of 2025) [2026] KECA 44 (KLR) (27 January 2026) (Ruling)

Shem v Republic (Criminal Application E048 of 2025) [2026] KECA 44 (KLR) (27 January 2026) (Ruling) Neutral citation: [2026] KECA 44 (KLR) Republic of Kenya In the Court of Appeal at Kisumu Criminal Application E048 of 2025 LK Kimaru, JA January 27, 2026 Between Juma Shem Applicant and Republic Respondent (Being an application for extension of time to lodge the notice of appeal out of time from the Judgment of the High Court of Kenya at Bungoma (E. Ngugi, J) Dated 29th September, 2021 in HCCRA No. 11 of 2015) Ruling 1.Juma Shem, the applicant herein, was convicted of gang rape contrary to section 10 of the [Sexual Offences Act](/akn/ke/act/2006/3) by the Kimilili Magistrate’s Court in Criminal Case No. 1295 of 2009. He was sentence to life imprisonment. His appeal to the High Court vide HCCRA No. 11 of 2015 at Bungoma was unsuccessful. He wishes to file a second, and perhaps a last appeal to this Court. He has made the present application to be granted extension of time to file appeal out of time. The applicant explains that he was prevented from lodging the appeal in time due to the fact that he was not availed certified typed copies of the proceedings and Judgment from the High Court. By the time he obtained the said proceedings, the time by which he was required to have filed the notice of appeal had lapsed. The applicant pleads with the Court to exercise its discretion in his favour so as to enable him exercise his right of appeal to this Court. 2.The respondent is not opposed to the application. Rule 4 of the Court of Appeal Rules grants this Court unfettered discretion to extend time for any steps to be taken within the period stipulated under the Rules. The applicant has given the reason for delay in lodging the appeal in time to be failure by the Superior Court to supply him with the certified copies of the proceedings and Judgment in time to enable him lodge the notice of appeal in time. The reason given is excusable noting that the applicant is acting in person and is currently incarcerated and cannot physically access the Court to follow up the typing and certification of the proceedings. 3.In the premises therefore, the application has merit and is hereby allowed. The applicant is hereby granted extension of time to lodge the notice of appeal out of time. The notice of appeal shall be filed and served within fourteen (14) days of today’s date. **DATED AND DELIVERED AT KISUMU THIS 27****TH** **DAY OF JANUARY,2026.****L. KIMARU**..............................**JUDGE OF APPEAL** I certify that this is a true copy of original.**DEPUTY REGISTRAR**