Kariru v Republic (Criminal Application E011 of 2025) [2025] KECA 444 (KLR) (7 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 444
- Citation
- [2025] KECA 444 (KLR)
- Decided
- 7 March 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 and directs him to file his notice of appeal within 14 days from the date of this order.
Facts
The applicant was convicted and sentenced to 14 years' imprisonment for delement contrary to the Sexual Offences Act. He appealed but the High Court dismissed the appeal and enhanced his sentence to 15 years.
Issues
- Whether the applicant was furnished with the judgment timeously to enable him to file his appeal on time.
- Whether the Court should extend the time for filing the appeal due to the length of the sentence.
Reasoning
The Court considers the application, the supporting affidavit, the state's submissions, and the law. It is satisfied that the application meets the threshold for the exercise of discretion.
Outcome
Leave to appeal granted
Orders
- The applicant is directed to 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.
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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