Wamithi v Republic (Criminal Application E150 of 2024) [2024] KECA 1638 (KLR) (15 November 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1638
- Citation
- [2024] KECA 1638 (KLR)
- Decided
- 15 November 2024
The application for leave to appeal out of time is allowed. The applicant shall file his notice of appeal within 14 days from the date of this order, and the record of appeal shall be filed and served within 30 days from the date hereof.
Facts
The applicant, Paul Ngure Wamithi, was charged with delement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act in Nakuru CM (SO) case no 77 of 2011. He was found guilty and sentenced to life imprisonment at the trial court. His appeal against the conviction and sentence was dismissed by Ngugi, J. on 28th June 2018.
Issues
- Whether the applicant's appeal is timely due to the sentence being contrary to several Articles of the Constitution
- Whether the applicant's absence at the judgment delivery and lack of timely proceedings are valid reasons for the appeal
Reasoning
The Court considered the reasons advanced by the applicant, the supporting affidavit, and the respondent's concession to the application. The Court found that the application has met the threshold for the exercise of discretion.
Outcome
The application for leave to appeal out of time is allowed.
Orders
- The applicant shall file his notice of appeal within 14 days from the date of this order.
- The record of appeal shall be filed and served within 30 days from the date hereof.
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