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Kabulit v Republic (Criminal Application E008 of 2025) [2025] KECA 490 (KLR) (7 March 2025) (Ruling)

[2025] KECA 490 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
490
Citation
[2025] KECA 490 (KLR)
Decided
7 March 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to appeal out of timeCoramPM GACHOKA, JA
Holding

The application has no merit and is hereby dismissed.

Facts

The applicant was convicted and sentenced for murder in the High Court of Kenya at Nakuru. He filed an appeal, which was dismissed. He then petitioned the High Court, which was also dismissed.

Issues

  1. Whether the applicant has met the threshold for the exercise of this Court's discretion to allow the appeal out of time
  2. Whether the delay in filing the notice of appeal was inordinate

Reasoning

The Court found that the applicant did not meet the threshold for the exercise of discretion and that the delay in filing the notice of appeal was inordinate.

Outcome

Application dismissed

Orders

  • Application for leave to appeal out of time dismissed

Authorities cited

Cases cited (1)
  • Paul Wanjohi Mathenge v Duncan Gichane Mathenge [2013] 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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