Ng'eno v Republic (Criminal Application E010 of 2025) [2025] KECA 491 (KLR) (7 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 491
- Citation
- [2025] KECA 491 (KLR)
- Decided
- 7 March 2025
The application is allowed. The applicant shall file his notice of appeal within 14 days from the date of this order. Thereafter, the record of appeal shall be filed and served within 45 days.
Facts
The applicant, Gilbert Kipkurui Ng'eno, was charged with delement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act in Kericho CMC (SO) No 19 of 2017. He was convicted and sentenced to life imprisonment by the Kericho High Court on 31st October 2019. His first appeal was dismissed by Ongeri, J. on 14th October 2022. Ng'eno sought leave to appeal out of time.
Issues
- Whether the applicant has met the threshold for the exercise of this Court's discretion to extend time for filing an appeal out of time.
- Whether the sentence of life imprisonment is lengthy and prejudicial to the respondent.
Reasoning
The Court has discretion to extend time under rule 4 of the Court of Appeal Rules 2022. The applicant has met the threshold for the exercise of this Court's discretion.
Outcome
The application for leave to appeal out of time is allowed.
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.
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