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Mitei v Republic (Criminal Application E084 of 2024) [2024] KECA 1371 (KLR) (4 October 2024) (Ruling)

[2024] KECA 1371 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
1371
Citation
[2024] KECA 1371 (KLR)
Decided
4 October 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to appeal out of time
Holding

The application is dismissed.

Facts

The applicant was convicted of delement (delement) contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act. He was sentenced to 20 years imprisonment.

Issues

  1. Whether the ingredients to the offence of delement were established to the required standard.
  2. Whether the applicant was supplied with the judgment of the High Court on time.

Reasoning

The delay of six years is inordinate and the applicant has not satisfactorily explained the delay. The application is dismissed.

Outcome

Application dismissed

Authorities cited

Legislation (1)
  • Sexual Offences Act
Cases cited (2)
  • Mungatu v Republic [2023] KECA 671 (KLR)
  • Muringa Company Limited v Archdiocese of Nairobi Registered Trustees [2020] eKLR
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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