Wetoto v Republic (Criminal Application E002 of 2026) [2026] KECA 226 (KLR) (10 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 226
- Citation
- [2026] KECA 226 (KLR)
- Decided
- 10 February 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for extension of time to lodge notice of appealCoramLK KIMARU, JA
Holding
The applicant is granted extension of time to file the notice of appeal out of time.
Facts
John Sifuna Wetoto was convicted of delement contrary to section 8(1) of the Sexual Offences Act and sentenced to life imprisonment. His appeal to the High Court was unsuccessful.
Issues
- Whether the applicant is entitled to an extension of time to lodge the notice of appeal out of time.
- Whether the delay in lodging the notice of appeal is excusable.
Reasoning
The Court has unfettered discretion to grant or refuse an application for extension of time. The applicant's delay was not inordinate and was excusable due to the court's failure to provide a copy of the judgment in time.
Outcome
The applicant is granted extension of time to file the notice of appeal out of time.
Orders
- The applicant is granted extension of time to file the notice of appeal out of time within 14 days of the date of this ruling.
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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