Sandera v Republic (Criminal Appeal (Application) E025 of 2024) [2024] KECA 782 (KLR) (4 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 782
- Citation
- [2024] KECA 782 (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
Holding
The application for leave to file an appeal out of time is granted. The notice of appeal and memorandum of appeal are deemed as duly filed. The Record of Appeal shall be filed within 60 days from the date of this ruling.
Facts
The applicant, Tobiko Ole Sandera, was convicted of robbery with violence and sentenced to death in the High Court of Kenya at Nairobi in 1998. He failed to file an appeal within the statutory time limit and applied for leave to file an appeal out of time.
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 and will not prejudice the respondent
Reasoning
The court exercised its discretion in favour of the applicant due to the 19-year delay in filing the appeal and the applicant's high chances of success.
Outcome
Leave to file an appeal out of time granted
Orders
- The notice of appeal and memorandum of appeal are deemed as duly filed
- The Record of Appeal shall be filed within 60 days from the date of this ruling
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.
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