Selim v Republic (Criminal Application E141 of 2024) [2024] KECA 1642 (KLR) (15 November 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1642
- Citation
- [2024] KECA 1642 (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. The record of appeal shall be filed and served within 30 days from the date hereof.
Facts
The applicant, Joseph Kiprop Selim, was charged with delement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. He was convicted and sentenced to life imprisonment. He sought leave to appeal out of time.
Issues
- ingredients to a charge of delement were not proved to the required standard
- not availed copies of the judgment and the proceedings at the High Court in good time to enable him appeal
Reasoning
The court considered the reasons advanced by the applicant, the supporting affidavit, the respondent's concession to the application, and the law. The court found that the application 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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