Keter v Republic (Criminal Application E003 of 2023) [2024] KECA 408 (KLR) (26 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 408
- Citation
- [2024] KECA 408 (KLR)
- Decided
- 26 April 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to lodge an appeal out of timeCoramFA OCHIENG
Holding
The applicant is granted leave to appeal out of time
Facts
The applicant, Thomas Kiplimo Keter, was charged with delement contrary to Section 8(1) of the Sexual Offences Act. He was convicted and sentenced to life imprisonment by the High Court. He appealed but the appeal was dismissed. He then sought a re-hearing on the issue of the sentence.
Issues
- Whether the applicant is deserving of an extension of time to lodge an appeal out of time
- Whether the applicant's delay in lodging the appeal was undue
Reasoning
The court exercised its discretion to grant the extension of time, considering the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent.
Outcome
Leave to appeal out of time granted
Orders
- Notice of appeal to be filed within 7 days
- Memorandum of appeal to be filed and served within 7 days of filing the notice of appeal
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Court of Appeal Rules
Cases cited (1)
- Sila Mutiso v Rose Hellen Wangari Mwangi
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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