Andere v Republic (Criminal Application E170 of 2024) [2025] KECA 1399 (KLR) (31 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1399
- Citation
- [2025] KECA 1399 (KLR)
- Decided
- 31 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to file an appeal out of timeCoramMS ASIKE-MAKHANDIA
Holding
The application is allowed, and the applicant is granted leave to file and serve the notice and record of appeal out of time within 45 days from the date of this ruling.
Facts
The applicant, John Andere, was convicted and sentenced on March 29, 2022, and now seeks to appeal the decision. He claims that he instructed prison paralegals to file an appeal within the stipulated time but failed due to their inaction.
Issues
- Whether the delay in filing the appeal is excusable and in good faith
- Whether the interest of justice would be best served by allowing the appeal out of time
- Whether the application meets the threshold for substantive justice
Reasoning
The court found the delay to be excusable and in good faith, and the interest of justice would be best served by allowing the appeal. The court considered the factors of whether the delay is inordinate and inexcusable, and whether it gives rise to a substantial risk to fair trial.
Outcome
The application is granted.
Orders
- Leave granted to file and serve the notice and record of appeal out of time within 45 days from the date of this ruling.
Remedies
- Leave to file and serve the notice and 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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