Kerongo alias Masese v Republic (Criminal Application E072 of 2024) [2025] KECA 1981 (KLR) (20 November 2025) (Ruling)
Neutral citation:
[2025] KECA 1981 (KLR)
Republic of Kenya
Criminal Application E072 of 2024
LK Kimaru, JA
November 20, 2025
Between
Peter Kerongo Kerongo alias Masese
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 Kisii (R. Ougo, J) dated 11th July, 2023 in HCCRA No. 26 if 2020)
Ruling
1.Peter Kerongo alias Masese, the applicant herein was charged, tried and convicted of murder contrary to section 203 as read with section 204 of the Penal Code. He was sentenced to serve twenty five (25) years imprisonment on 11th July, 2023 by the High Court sitting at Kisii. The applicant wishes to appeal against the said decision to this Court. He has filed the present application essentially under Rule 4 of the Court of Appeal Rules, seeking to be granted extension of time to lodge the appeal out of time. The application is not opposed by the Director of Public Prosecution. Ms. Victorine Kitoto, a Prosecution Counsel in the Office of the Director of Public Prosecution swore a replying affidavit indicating her decision not to oppose the application.
2.In the premises therefore, the application has merit and is hereby allowed. The applicant is granted leave to lodge the notice of appeal out of time. The said notice of appeal shall be filed and served within fourteen (14) days of today’s date.
DATED AND DELIVERED AT KISUMU THIS 20TH DAY OF NOVEMBER,2025.L. KIMARU........................... JUDGE OF APPEALI certify that this is a true copy of original.Deputy Registrar.