Hatiba v Republic (Criminal Application E249 of 2024) [2025] KECA 391 (KLR) (27 February 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 391
- Citation
- [2025] KECA 391 (KLR)
- Decided
- 27 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 timeCoramJ. MATIVO
Holding
The application is allowed, and the applicant shall file his notice of appeal within 14 days from the date of this ruling and his record of appeal within 60 days.
Facts
The applicant, Handauka Ali Hatiba, was convicted and sentenced to life imprisonment for delement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act No. 3 of 2006. He failed to lodge his notice of appeal within the statutory stipulated time of 14 days.
Issues
- Whether the court should grant leave to file an appeal out of time
- Whether the delay in filing the appeal is satisfactorily explained
Reasoning
The court exercised its discretion in the applicant's favour due to the lengthy sentence of life imprisonment and the need for a party to have their day in court. The delay in filing the appeal is not satisfactorily explained.
Outcome
The application is allowed.
Orders
- The applicant shall file his notice of appeal within 14 days from the date of this ruling.
- The applicant shall file his record of appeal within 60 days from the date of this ruling.
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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