Ewoi v Republic (Criminal Appeal (Application) E116 of 2024) [2024] KECA 1542 (KLR) (5 November 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1542
- Citation
- [2024] KECA 1542 (KLR)
- Decided
- 5 November 2024
The Court of Appeal allows the application and orders that the notice of appeal and memorandum of appeal be filed within 14 days from the date of the ruling, and the record of appeal within 45 days.
Facts
The appellant, Kukat Ewoi, was convicted and sentenced to life imprisonment for robbery with violence. His appeal to the High Court was dismissed due to his failure to lodge the notice of appeal within the statutory time of 14 days. He now seeks leave to file an appeal out of time.
Issues
- Whether the delay in filing the appeal is satisfactorily explained
- Whether the Court of Appeal has the discretion to extend the time for filing the appeal
Reasoning
The Court considers the delay in filing the appeal and finds it satisfactorily explained by the delay in furnishing the High Court's judgment. The Court exercises its discretion to extend the time for filing the appeal.
Outcome
The application for leave to file an appeal out of time is granted.
Orders
- Notice of appeal and memorandum of appeal to be filed within 14 days from the date of the ruling
- Record of appeal to be filed within 45 days from the date of the ruling
Authorities cited
Cases cited (1)
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR
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