Bayayi v Republic (Criminal Appeal (Application) E166 of 2024) [2025] KECA 1387 (KLR) (30 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1387
- Citation
- [2025] KECA 1387 (KLR)
- Decided
- 30 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal Appeal (Application)PostureApplication for leave to file an appeal out of timeCoramMS ASIKE-MAKHANDIA, Mutende
Holding
The application is allowed, and the applicant is granted leave to lodge and serve the notice of appeal as well as the record of appeal out of time.
Facts
The applicant was convicted and sentenced to 20 years imprisonment for the offence of defilement in the Chief Magistrate's Court at Bungoma. He subsequently appealed to the High Court of Kenya at Bungoma, which dismissed the appeal. The applicant now seeks leave to file an appeal out of time.
Issues
- Whether the applicant's application for leave to file an appeal out of time should be granted
- Whether the delay in filing the appeal is inordinate
Reasoning
The court allowed the application as the applicant explained that he became confused and sickly after the delivery of the judgment by the High Court, and it took a bit of time to re-collect himself and decide on the next course of action.
Outcome
The application is allowed.
Orders
- The applicant is granted leave to lodge and serve the notice of appeal as well as the record of appeal out of time.
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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