Kanyari v Republic (Criminal Application E110 of 2024) [2024] KECA 1644 (KLR) (15 November 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1644
- Citation
- [2024] KECA 1644 (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. Thereafter, the record of appeal shall be filed and served within 30 days from the date hereof.
Facts
The applicant was charged with delement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act in Engineer CM (SO) Case No. 793 of 2017. He was found guilty and sentenced to life imprisonment.
Issues
- Whether the applicant was supplied with the judgment of the High Court in good time to enable him to file the appeal.
- Whether the discretionary powers to extend time should be exercised by the Court of 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 applicant met the threshold for the exercise of discretion and allowed the application.
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.
Authorities cited
Legislation (2)
- Sexual Offences Act
- Court of Appeal Rules 2022
Cases cited (2)
- Mungatu v Republic [2023] KECA 671 (KLR)
- Muringa Company Limited v Archdiocese of Nairobi Registered Trustees [2020] eKLR
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