SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Ekai v Republic (Criminal Application E081 of 2025) [2025] KECA 1920 (KLR) (18 November 2025) (Ruling)

[2025] KECA 1920 (KLR) Court of Appeal
Read PDF
Court
Court of Appeal
Case number
1920
Citation
[2025] KECA 1920 (KLR)
Decided
18 November 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to appeal out of timeCoramM. GACHOKA C.Arb, FCIArb.
Holding

The application is dismissed as the applicant took seven years to lodge the application and there is inordinate delay.

Facts

The applicant, Philip Esinyen Ekai, was charged with robbery with violence and sentenced to death by the Naivasha High Court. He appealed but the appeal was dismissed. The applicant now seeks leave to appeal out of time.

Issues

  1. Whether the applicant is entitled to leave to appeal out of time
  2. Whether the applicant's delay in lodging the application is justified

Reasoning

The court considered the length of delay and the reasons for it, concluding that the applicant's delay is inordinate and not justified.

Outcome

Application dismissed

Authorities cited

Cases cited (1)
  • Karny Zahrya & another vs. Shalom Levi [2018] eKLR
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.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case