The Court of Appeal in Nyeri has allowed William Bundi Njeri, a convict serving a life sentence for defilement, to file an appeal out of time, citing the challenges he faced as a self-represented prisoner.
In a ruling delivered by Justice S. ole Kantai, the judge acknowledged that Bundi’s appeal to the High Court had been dismissed on September 29, 2023. However, Bundi, who is incarcerated, claimed he was not furnished with a copy of the judgment in time to file a further appeal. His application to extend the time for appeal was filed on March 13, 2025.
While the judge noted that Bundi had not detailed the specific grounds that give his appeal a high chance of success, he exercised discretion in Bundi’s favour. Justice Kantai cited the often-quoted principles from Leo Sila Mutiso v. Rose Hellen Wangari Mwangi that allow courts to consider the length of delay, reasons for the delay, likelihood of success, and potential prejudice to the respondent.
The respondent, the Office of the Director of Public Prosecutions (ODPP), did not file any response to the application.
The court ordered Bundi to file his appeal within 14 days from the date of the ruling.
