IKK v Republic (Criminal Application E155 of 2024) [2024] KECA 1881 (KLR) (5 December 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1881
- Citation
- [2024] KECA 1881 (KLR)
- Decided
- 5 December 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplicant seeks leave to appeal out of time and as a pauperCoramJW LESSIT, R.
Holding
The applicant's application is allowed. He is granted leave to file his appeal out of time and as a pauper.
Facts
IKK was convicted in the Sexual Offences Case No.64 of 2020 by Nyeri Chief Magistrate's Court and his appeal to the High Court was dismissed. He did not appeal to the Court of Appeal within the stipulated period due to inability to raise lawyers' fees.
Issues
- Whether the applicant has a reasonable and plausible explanation for the delay in filing his appeal on time.
- Whether the intended appeal has chances of success.
Reasoning
The delay was reasonable given the circumstances, and the court is persuaded that the application has merit.
Outcome
Allowed
Orders
- Registry should prepare the record of appeal and serve upon the appellant and respondent
Authorities cited
Cases cited (1)
- Imperial Bank Ltd (in receivership) and Another v Alnasir Popat and 18 Others [2018] eKLR
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.
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