Mbako v Republic (Criminal Application E051 of 2025) [2025] KECA 1873 (KLR) (10 November 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1873
- Citation
- [2025] KECA 1873 (KLR)
- Decided
- 10 November 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to appeal out of timeCoramPM GACHOKA, Prof. Ngugi
Holding
The applicant's application for leave to appeal out of time is granted. The applicant shall file his notice of appeal within 14 days from the date of this order. The record of appeal shall be filed and served within 30 days.
Facts
David Mbako was convicted and sentenced to 10 years imprisonment for gang rape in the High Court of Kenya at Nakuru. He appealed but his appeal was not properly filed and admitted. Mbako sought leave to appeal out of time.
Issues
- Whether the applicant's application for leave to appeal out of time should be granted
- Whether the applicant's appeal was properly filed and admitted
Reasoning
The applicant provided a satisfactory explanation for the delay in filing his appeal, and the court exercised its discretion to grant leave to appeal out of time.
Outcome
Grant of leave to appeal out of time
Orders
- The applicant shall file his notice of appeal within 14 days from the date of this order
- The record of appeal shall be filed and served within 30 days
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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