Hamisi v Republic (Criminal Appeal (Application) E023 of 2024) [2024] KECA 781 (KLR) (4 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 781
- Citation
- [2024] KECA 781 (KLR)
- Decided
- 4 July 2024
AI Summary
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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 Court of Appeal allows the motion and grants leave to file an appeal out of time.
Facts
Patrick Hamisi was convicted of delement contrary to the Sexual Offences Act No. 3 of 2006 and sentenced to life imprisonment. His appeal against conviction and sentence was dismissed, and he failed to lodge a notice of 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 delay in filing the appeal was satisfactorily explained.
Reasoning
The Court exercised its discretion in favour of the applicant, considering the 10 years and 5 months delay in filing the appeal and the plausible explanation provided by the applicant.
Outcome
The application for leave to file an appeal out of time is 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.
Authorities cited
Legislation (2)
- Sexual Offences Act No. 3 of 2006
- Court of Appeal Rules
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.
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