Rono alias Askari Bonoko v Republic (Criminal Application E083 of 2025) [2025] KECA 1918 (KLR) (18 November 2025) (Ruling)
Neutral citation:
[2025] KECA 1918 (KLR)
Republic of Kenya
Criminal Application E083 of 2025
PM Gachoka, JA
November 18, 2025
Between
James Birir Rono alias Askari Bonoko
Applicant
and
Republic
Respondent
(An application for leave to appeal out of time against the conviction and sentence by the High Court of Kenya at Eldama Ravine (R.B. Ng’etich, J.) delivered on 31st July 2025 in HCCRC No. E009 of 2024)
Ruling
1.The applicant has invoked the provisions of rule 4 of the Court of Appeal Rules 2022 in his Notice of Motion dated 22nd August 2025. He seeks leave to appeal out of time against his conviction and sentence upheld by the Eldama Ravine High Court in HCCRA No. E009 of 2024( R.B.Ngetich J). The applicant was charged with the offence of robbery with violence contrary to section 296 (2) of the Penal Code. He also faced a second count of defilement contrary to section 8 (1) as read with section 8 (4) of the Sexual Offences Act. The trial court convicted the appellant on both counts. He was sentenced to serve 30 years imprisonment and 15 years imprisonment respectively. Aggrieved, the applicant lodged an appeal before the High Court of Kenya at Eldama Ravine. In her judgment dated 31st July 2025, Ng’etich, J. dismissed the applicant’s appeal in its entirety.
2.The applicant is dissatisfied with those findings hence the application. It is supported by his supporting affidavit sworn on 22nd August 2025. He seeks leave to appeal out of time for the reason that he was never furnished with the judgment in good time to enable him pursue an appeal.
3.In its written submissions dated 10th November 2025, the state, through Senior Assistant Director of Public Prosecutions Mr. Omutelema, submitted that it did not oppose the application as the sentence meted out is lengthy. He further computed that the applicant lodged this application two months after the impugned decision was delivered. The delay was therefore not inordinate.
4.Under rule 4 of this Court’s Rules 2022, discretion is given to extend time for the doing of any act provided for under the Rules. In Henry Mukora Mwangi vs. Charles Gichina Mwangi Civil Application No. Nai. 26 of 2004, this Court held:
5.I have considered the reason advanced by the applicant as set out in the application, the supporting affidavit, the respondent’s submissions and the law applicable. I am satisfied to hold that the application has met the threshold for the exercise of discretion by this Court. I also note that the applicant moved with speed by filing the application less than one month after the judgment he intends to appeal against was delivered. He therefore filed the application timeously. In view of the foregoing, the applicant deserves the benefit of the exercise of this court’s discretion and I make the following orders: the applicant shall file his notice of appeal within 14 days from the date of this order. Thereafter, the record of appeal shall be filed and served within 30 days.
DATED AND DELIVERED AT NAKURU THIS 18TH DAY OF NOVEMBER 2025.M. GACHOKA C.Arb, FCIArb.......................................JUDGE OF APPEALI certify that this is a True copy of the originalSignedDEPUTY REGISTRAR