Waweru v Republic (Criminal Application E237 of 2024) [2025] KECA 372 (KLR) (28 February 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 372
- Citation
- [2025] KECA 372 (KLR)
- Decided
- 28 February 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to appeal out of timeCoramPM GACHOKA, JA
Holding
The Court grants the applicant leave to appeal out of time, but requires him to file his notice of appeal within 14 days and the record of appeal within 45 days.
Facts
The applicant was charged with delement contrary to section 8(1) of the Sexual Offences Act in Naivasha CM (SO) Case No E021 of 2021. He was convicted and sentenced to life imprisonment. He appealed to the Naivasha High Court but was dismissed. He now seeks leave to appeal out of time.
Issues
- Whether the applicant's application for leave to appeal out of time is merited
- Whether the applicant's appeal was timely
Reasoning
The Court considers the applicant's application and the respondent's submissions, finding that the application meets the threshold for exercise of discretion.
Outcome
Grant of leave to appeal out of time
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 45 days
Authorities cited
Legislation (3)
- Sexual Offences Act
- Criminal Procedure Code
- Court of Appeal Rules 2022
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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