JMK v Republic (Criminal Appeal (Application) E027 of 2024) [2024] KECA 772 (KLR) (4 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 772
- Citation
- [2024] KECA 772 (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, Wendoh
Holding
The application is granted, and the undated notice of appeal and memorandum of appeal are deemed as duly filed. The Record of Appeal shall be filed within 60 days from today and the appeal shall thereafter be placed before the Court for hearing.
Facts
JMK was convicted and sentenced to life imprisonment for incest, and his appeal against conviction and sentence was dismissed.
Issues
- Whether the applicant should be granted leave to file an appeal out of time
- Whether the delay in filing the appeal was satisfactorily explained
Reasoning
The Court exercised its discretion in favor of the applicant due to the ten-year delay in filing the appeal, but it was not demonstrated that the absent record is now available.
Outcome
Leave to appeal out of time granted
Orders
- The undated notice of appeal and memorandum of appeal are deemed as duly filed.
- The Record of Appeal shall be filed within 60 days from today.
- The appeal shall thereafter be placed before the Court for hearing.
Authorities cited
Cases cited (1)
- Andrew Kiplagat Chemaringo vs. 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.
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