Serem v Republic (Criminal Application E030 of 2024) [2025] KECA 1058 (KLR) (13 June 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1058
- Citation
- [2025] KECA 1058 (KLR)
- Decided
- 13 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for extension of time to file an appeal out of timeCoramHA OMONDI
Holding
The application is dismissed as the applicant does not have an arguable appeal with even a scintilla of success, and there is no merit in his application.
Facts
Enock Serem was convicted of robbery with violence and sentenced to death. He appealed but the appeal was dismissed. He now seeks to appeal out of time against the sentence only.
Issues
- Whether the applicant is deserving of the orders sought for extension of time to file an appeal out of time
- Whether the intended appeal is arguable and has chances of success
Reasoning
The delay was 14 years due to lack of funds and lack of copy of proceedings and judgment. The nature of the sentence has since been influenced by the Supreme Court's decision in Muruatetu II, which categorically stated that the mandatory death sentence decision in 2017 applied only to sentences under sections 203 as read with section 204 of the Penal Code.
Outcome
Application dismissed
Authorities cited
Cases cited (1)
- Muringa Company Ltd vs. Archdiocese of Nairobi Registered Trustees, Civil Application No.190 of 2019
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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