Muriuki v Republic (Criminal Application E072 of 2025) [2025] KECA 560 (KLR) (28 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 560
- Citation
- [2025] KECA 560 (KLR)
- Decided
- 28 March 2025
The application for extension of time to file a Record of Appeal is allowed. A notice of appeal should be lodged within fourteen (14) days of today and an appeal should be filed within twenty-one (21) days. The court registry will accept the appeal from the applicant as a pauper without requiring any court fees.
Facts
The applicant, Gladys Nyawira Muriuki, was charged with delement contrary to section 8(1) of the Sexual Offences Act. She pleaded guilty and was sentenced to life imprisonment. Her appeal on sentence was successful, with the sentence reduced to 30 years.
Issues
- Whether the applicant's application for extension of time to file a Record of Appeal should be granted
- Whether the applicant should be allowed to appeal as a pauper
Reasoning
The court allowed the application due to the applicant's unrepresented status and the unusual date of the notice of appeal. The court considered the period of delay, the reason for the delay, and the importance of compliance with time limits.
Outcome
The application for extension of time to file a Record of Appeal is granted.
Orders
- A notice of appeal should be lodged within fourteen (14) days of today and an appeal should be filed within twenty-one (21) days.
- The court registry will accept the appeal from the applicant as a pauper without requiring any court fees.
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Sexual Offences Act
Cases cited (4)
- Fakir Mohamed v Joseph Mugambi & 2 Others in Civil Application No. 33 of 2004
- Mwangi v Kenya Airways Limited [2003] KLR 486
- Major Joseph Mwereri Igweta v Mulika M'Ethare and Attorney General, Civil Application No.Nai 8/2000
- Murai v Wainana (No. 4) [1982] KLR 38
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