SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Ndimu v Republic (Criminal Application E014 of 2024) [2024] KECA 829 (KLR) (18 July 2024) (Ruling)

[2024] KECA 829 (KLR) Court of Appeal
Read PDF
Court
Court of Appeal
Case number
829
Citation
[2024] KECA 829 (KLR)
Decided
18 July 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for extension of time to file an appealCoramJW LESSIT, JA
Holding

The application is allowed, and the applicant is granted an extension of time to file an appeal.

Facts

The applicant was convicted of robbery with violence and sentenced to life imprisonment. His appeal to the High Court was dismissed.

Issues

  1. Whether the applicant has an arguable appeal
  2. Whether the applicant's delay in filing his appeal was due to circumstances beyond his control

Reasoning

The applicant explained the cause of the delay and demonstrated an arguable appeal, not frivolous.

Outcome

The application is granted.

Orders

  • Allow the applicant's undated application
  • File a Notice of Appeal within 14 days
  • Prepare and file the Record of Appeal within 60 days
  • Place the appeal before the Court for hearing

Remedies

  • Extension of time to file an appeal

Authorities cited

Legislation (1)
  • Court of Appeal Rules
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.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case