Kirui v Republic (Criminal Application E199 of 2024) [2024] KECA 1785 (KLR) (6 December 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1785
- Citation
- [2024] KECA 1785 (KLR)
- Decided
- 6 December 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to appeal out of timeCoramPM GACHOKA, JA
Holding
The applicant is granted leave to appeal out of time, with a notice of appeal to be filed within 14 days and the record of appeal within 30 days.
Facts
The applicant Isaac Kirui was convicted of murder and sentenced to 25 years' imprisonment by the High Court at Narok.
Issues
- Whether the applicant's appeal is out of time
- Whether the sentence is harsh and excessive
Reasoning
The Court of Appeal exercised its discretion under Rule 4 of the Court of Appeal Rules 2022, considering the merit of the appeal, the respondent's opposition, and the delay in filing the notice of appeal.
Outcome
Leave to appeal granted
Orders
- Notice of appeal to be filed within 14 days
- Record of appeal to be filed within 30 days
Authorities cited
Cases cited (1)
- Wasike v Swala [1984] KLR 591
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.
Loading judgment…