Dunya v Republic (Criminal Application E163 of 2024) [2025] KECA 791 (KLR) (9 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 791
- Citation
- [2025] KECA 791 (KLR)
- Decided
- 9 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for extension of time to file an appeal out of time, for bail pending appeal, and stay of execution of warrants of arrestCoramHA OMONDI
Holding
The application is allowed, and the applicant is granted extension of time to file and serve the notice of appeal out of time within 14 days of today's date, and to file and serve the record of appeal within 30 days upon service of the Notice of Appeal.
Facts
Teresiah Adhiambo Dunya was arrested and charged with assault on her 11-year-old step-son. She was acquitted by the trial court but the High Court reversed the decision and sentenced her to three years imprisonment.
Issues
- Whether the applicant's failure to file an appeal within the statutory period was due to undue delay
- Whether the applicant should be granted bail pending appeal and stay of execution of warrants of arrest
Reasoning
The delay in filing the appeal was not inordinately long and was due to the applicant's inability to communicate with her previous counsel. The court found that the reasons for the delay were reasonable and plausible.
Outcome
The application is allowed.
Orders
- Extension of time to file and serve the notice of appeal out of time within 14 days of today's date
- Extension of time to file and serve the record of appeal within 30 days upon service of the Notice of Appeal
Remedies
- Extension of time to file and serve the notice of appeal out of time
- Extension of time to file and serve the record of appeal
Authorities cited
Legislation (3)
- Court of Appeal Rules
- Criminal Procedure Code
- Constitution of Kenya 2010
Cases cited (2)
- Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet (2018) eKLR
- Omwoyo vs. African Highlands and Produce Co. Ltd (2002) 1KLR
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.
Loading judgment…