Mwai v Republic (Criminal Application E116 of 2024) [2025] KECA 2195 (KLR) (11 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2195
- Citation
- [2025] KECA 2195 (KLR)
- Decided
- 11 December 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for leave to appeal out of timeCoramALI-ARONI, JA
Holding
The application is granted, and the applicant is to file the intended appeal within the next fourteen (14) days of this ruling.
Facts
The applicant, Daniel Kinyua Mwai, was tried, convicted, and sentenced to 25 years imprisonment for delement contrary to the Sexual Offences Act. He appealed to the High Court, and the sentence was substituted with 20 years. He now seeks to appeal out of time due to a delay in receiving a copy of the High Court's judgment.
Issues
- Whether the applicant's prayer for leave to appeal out of time should be granted.
Reasoning
The Court exercises discretion to extend the time for the appeal due to the applicant's inability to receive a copy of the High Court's judgment in time.
Outcome
Application granted
Orders
- The applicant is to file the intended appeal within the next fourteen (14) days of this ruling.
Authorities cited
Cases cited (1)
- Ngige v. Republic (Criminal Application E013 of 2024) (2024) KECA 848 (KLR)
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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