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PS v Republic (Criminal Application E090 of 2025) [2026] KECA 217 (KLR) (12 February 2026) (Ruling)

[2026] KECA 217 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
217
Citation
[2026] KECA 217 (KLR)
Decided
12 February 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal ApplicationPostureApplication for extension of time to appealCoramJM MATIVO
Holding

The application is dismissed as it is a non-starter.

Facts

The applicant, PS, was convicted of incest and sentenced to life imprisonment. He sought leave to appeal out of time but was denied twice. He now seeks an extension of time to appeal to the Court of Appeal.

Issues

  1. Whether the applicant's application for extension of time to appeal is valid
  2. Whether the High Court's refusal to admit the appeal out of time is appealable

Reasoning

The applicant's application is dismissed because the High Court's refusal to admit the appeal out of time is not appealable under section 361(8)(b) of the Criminal Procedure Code.

Outcome

Application dismissed

Orders

  • Application dated 6th November, 2025 is dismissed

Authorities cited

Legislation (2)
  • Criminal Procedure Code
  • Criminal Misc. Appl No. E035 of 2025
Cases cited (1)
  • Section 361(8)(b) of the Criminal Procedure Code
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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