Kariuki v Republic (Criminal Appeal (Application) E026 of 2024) [2024] KECA 771 (KLR) (4 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 771
- Citation
- [2024] KECA 771 (KLR)
- Decided
- 4 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal Appeal (Application)PostureApplication for leave to file an appeal out of timeCoramJM MATIVO
Holding
The Court allows the application and orders that the undated notice of appeal and memorandum of appeal dated 16th April 2024 be deemed as duly filed. The Record of Appeal shall be filed within 60 days from today.
Facts
The applicant, Terra Muguna Kariuki, and three others were charged and convicted of robbery with violence in Criminal Case No. 2197 of 2016 at Nyahururu. They were sentenced to death. The applicant failed to file an appeal within the statutory time limit.
Issues
- Whether the applicant's application for leave to file an appeal out of time should be granted.
- Whether the applicant's appeal has a high chance of success.
Reasoning
The Court exercises its discretion in favour of the applicant, considering the ten-year delay in filing the appeal and the plausible explanation provided by the applicant.
Outcome
The application is granted.
Orders
- The undated notice of appeal and memorandum of appeal dated 16th April 2024 are deemed as duly filed.
- The Record of Appeal shall be filed within 60 days from today.
Authorities cited
Cases cited (1)
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [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.
Loading judgment…