Makayo v Republic (Criminal Application E152 of 2024) [2025] KECA 1052 (KLR) (13 June 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1052
- Citation
- [2025] KECA 1052 (KLR)
- Decided
- 13 June 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to file Appeal out of timeCoramMS ASIKE-MAKHANDIA, Mbogholi
Holding
The court allows the application and directs the applicant to file and serve the Notice of Appeal and the Record of Appeal within 60 days from the date of this ruling.
Facts
The applicant was convicted of robbery with violence and sentenced to death, which was later commuted to life imprisonment. His first appeal was dismissed by Mbogholi J. on 24th September, 2009. He sought to file a second appeal but was prevented due to statutory timelines.
Issues
- Whether the applicant should be granted leave to file an appeal out of time
- Whether the court should exercise its discretion to extend the time limit for filing an appeal
Reasoning
The court exercised its discretion to extend the time limit for filing an appeal due to the applicant's diligent efforts despite the delays caused by the prison documentation centers.
Outcome
The application is granted.
Orders
- The applicant is directed to file and serve the Notice of Appeal and the Record of Appeal within 60 days from the date of this ruling.
Remedies
- Extension of time limit for filing an appeal
Authorities cited
Legislation (1)
- Penal Code
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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