Lentanye v Republic (Criminal Application E223 of 2024) [2025] KECA 245 (KLR) (20 February 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 245
- Citation
- [2025] KECA 245 (KLR)
- Decided
- 20 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to file an appeal out of timeCoramJ. 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
James Sepache Lentanye was convicted and sentenced to death for robbery with violence, but his appeal to the High Court was dismissed due to his failure to file a 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 on time was due to lack of the court's judgment
Reasoning
The Court finds the delay not inordinate and grants the application based on a plausible and satisfactory explanation.
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.
Loading judgment…