Maritim v Republic (Criminal Application E003 of 2020) [2024] KECA 407 (KLR) (26 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 407
- Citation
- [2024] KECA 407 (KLR)
- Decided
- 26 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for extension of time to lodge an appeal out of timeCoramFA OCHIENG
Holding
The court grants leave to appeal out of time
Facts
The applicant was charged with forgery and uttering a false document related to a title document for property IR 134631. The applicant was acquitted by the trial court but convicted by the High Court after an appeal. The applicant sought leave to appeal out of time due to not being served with the sentencing order.
Issues
- Whether the applicant was served with the sentencing order timeously
- Whether the court has discretionary powers to extend time for appeal
Reasoning
The court found that the applicant was not served with the sentencing order timeously due to the Covid-19 pandemic and Ministry of Health guidelines, and that the court has discretionary powers to extend time for appeal.
Outcome
Leave to appeal out of time granted
Orders
- The applicant is granted leave to appeal out of time
- The applicant has 7 days from the date of this ruling to file the notice of appeal
Authorities cited
Legislation (2)
- Criminal Procedure Code
- S.V Smith [2012] 1SACR 567
Cases cited (2)
- Sila Mutiso v Rose Hellen Wangari Mwangi
- S.V Smith [2012] 1SACR 567
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…