Njeri v Republic (Criminal Application E061 of 2025) [2025] KECA 1888 (KLR) (11 November 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1888
- Citation
- [2025] KECA 1888 (KLR)
- Decided
- 11 November 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to appeal out of timeCoramPM GACHOKA
Holding
The applicant shall file his notice of appeal within 14 days from the date of this order. Thereafter, the record of appeal shall be filed and served within 30 days.
Facts
The applicant, Francis Mwangi Njeri, was convicted and sentenced to 20 years imprisonment for delement contrary to section 8 (1) as read together with section 8 (3) of the Sexual Offences Act 2006 in the Nanyuki High Court. He appealed but was dismissed. Now, he seeks leave to appeal out of time.
Issues
- Whether the applicant has met the threshold for the exercise of discretion by the Court of Appeal
- Whether the applicant was not given a copy of the judgment in time to enable him pursue an appeal
Reasoning
The Court considered the applicant's application, the supporting affidavit, the period of delay, and the respondent's submissions. The Court found that the applicant met the threshold for the exercise of discretion.
Outcome
Leave to appeal granted
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
Authorities cited
Legislation (1)
- Court of Appeal Rules 2022
Cases cited (1)
- Henry Mukora Mwangi v Charles Gichina Mwangi Civil Application No Nai. 26 of 2004
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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