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Marwa v Republic (Criminal Application E098 of 2024) [2026] KECA 241 (KLR) (11 February 2026) (Ruling)

[2026] KECA 241 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
241
Citation
[2026] KECA 241 (KLR)
Decided
11 February 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for extension of time to appeal out of timeCoramLK KIMARU, R. Wendoh
Holding

The application has merit and is hereby allowed. The applicant is granted extension of time to file the appeal out of time.

Facts

The applicant, Makonge Wangwi Marwa, was convicted of murder and sentenced to 35 years imprisonment. He seeks to appeal against the conviction and sentence.

Issues

  1. Whether the applicant's application for extension of time to appeal out of time should be granted.
  2. Whether the reason given for the delay in lodging the appeal is excusable.

Reasoning

The Court takes judicial notice that the period in question was during the Covid-19 lockdown, where the Court's services, including typing of proceedings, were significantly adversely affected. The reason given by the applicant for delay in lodging the appeal is excusable.

Outcome

The applicant is granted extension of time to file the appeal out of time.

Orders

  • The notice of appeal shall be filed and served within fourteen (14) days of today’s date.
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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