Mitami v Republic (Criminal Application E222 of 2024) [2025] KECA 244 (KLR) (20 February 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 244
- Citation
- [2025] KECA 244 (KLR)
- Decided
- 20 February 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to file an appeal out of timeCoramJM MATIVO
Holding
The Court grants the applicant leave to file his appeal out of time, directing him to file his notice of appeal within 14 days and the memorandum of appeal and record of appeal within 45 days.
Facts
The applicant, Datiyo Nampaso Mitami, was convicted of robbery with violence and sentenced to death in 2016. His appeal to the High Court was dismissed, but he failed to file his notice of appeal within the statutory 14-day period. He now seeks leave to file an appeal out of time.
Issues
- Whether the applicant's delay in filing his appeal is inordinate.
- Whether the applicant's failure to file his appeal within the statutory time period is excusable.
Reasoning
The Court finds the delay not inordinate and considers the applicant's plausible explanation for the delay. The Court exercises its discretion in his favour.
Outcome
Leave granted
Orders
- To file notice of appeal within 14 days
- To file memorandum of appeal and record of appeal within 45 days
Authorities cited
Cases cited (1)
- Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet [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.
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