Yegon v Republic (Criminal Application E033 of 2024) [2024] KECA 905 (KLR) (26 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 905
- Citation
- [2024] KECA 905 (KLR)
- Decided
- 26 July 2024
The application is allowed. The notice of appeal and the memorandum of appeal annexed to the application is deemed as duly filed.
Facts
The applicant was convicted and sentenced to life imprisonment for delement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act No. 3 of 2006. He appealed to the High Court but the appeal was dismissed. He was not supplied with the copy of the original High Court's proceedings and its judgment to enable him to appeal on time.
Issues
- Whether the applicant deserves the orders sought for an extension of time to file an appeal out of time.
- Whether the delay in filing the appeal is inordinate given the nature of the sentence, life imprisonment.
Reasoning
The court allowed the application for extension of time to file an appeal out of time due to the long delay in receiving the High Court proceedings, which is more than 4 years since the judgment. The court noted that the applicant was sentenced to life imprisonment and the emerging jurisprudence on indefinite sentences.
Outcome
The application for extension of time to file an appeal out of time is allowed.
Orders
- The notice of appeal and the memorandum of appeal annexed to the application is deemed as duly filed.
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Sexual Offences Act No. 3 of 2006
Cases cited (2)
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR
- Leo Sila Mutiso v Helen Wangari Mwangi [1999] 2 EA
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