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Mambo v Republic (Criminal Application E160 of 2024) [2025] KECA 1449 (KLR) (31 July 2025) (Ruling)

[2025] KECA 1449 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
1449
Citation
[2025] KECA 1449 (KLR)
Decided
31 July 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication to file a second appeal out of timeCoramMS ASIKE-MAKHANDIA
Holding

The Court grants the applicant's application to file his intended appeal out of time.

Facts

Stephen Oyoo Mambo was arrested on February 6, 2015, and charged with delement contrary to Section 8(1)(2) of the Sexual Offences Act. He was found guilty, convicted, and sentenced to life imprisonment. He lodged a first appeal to the High Court of Kenya at Homa-Bay, which was dismissed on August 9, 2017.

Issues

  1. Whether the applicant's application to file a second appeal out of time should be granted
  2. Whether the applicant's intended appeal has compelling merits

Reasoning

The Court considers the applicant's constrained circumstances and lack of timely access to accurate legal guidance, and grants the application to ensure substantive justice.

Outcome

The applicant is granted leave to file his intended appeal out of time.

Orders

  • The applicant is granted leave to file his intended appeal out of time within 45 days from the date of this ruling.
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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