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Lentante v Republic (Criminal Appeal (Application) E008 of 2024) [2024] KECA 902 (KLR) (20 June 2024) (Ruling)

[2024] KECA 902 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
902
Citation
[2024] KECA 902 (KLR)
Decided
20 June 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal Appeal (Application)PostureApplication for leave to file an appeal out of timeCoramJ. MATIVO, JA
Holding

The Court grants the application and allows the applicant to file a Notice of Appeal within 14 days and the record of appeal within 30 days from the date of this ruling.

Facts

The applicant, James Sapache Lentante, seeks leave to appeal against the judgment issued in HCCRA No. E024 of 2021 on 7th March 2024.

Issues

  1. Whether the applicant is entitled to leave to file an appeal out of time
  2. Whether the Court of Appeal has the discretion to extend the time for filing an appeal

Reasoning

The Court of Appeal exercises its discretion to extend the time for filing an appeal due to the applicant's submission and the Court of Appeal Rules, 2022.

Outcome

Granted

Orders

  • The applicant is granted leave to file an appeal out of time
  • The applicant is required to file a Notice of Appeal within 14 days and the record of appeal within 30 days from the date of this ruling

Authorities cited

Cases cited (1)
  • Leo Sila Mutiso v Helen Wangari Mwangi [1999] 2 EA
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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