Kosgei v Republic (Criminal Application E025 of 2025) [2026] KECA 276 (KLR) (19 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 276
- Citation
- [2026] KECA 276 (KLR)
- Decided
- 19 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to appeal out of timeCoramJM MATIVO
Holding
The court grants the application and admits the notice of appeal out of time.
Facts
The applicant was convicted of rape by the magistrates' court and appealed to the High Court, but was not provided with a copy of the judgment and trial court proceedings, resulting in a delay.
Issues
- Whether the applicant's application for extension of time to file an appeal is justified.
- Whether the court should exercise its discretion to admit the notice of appeal out of time.
Reasoning
The court finds the applicant's reason for the delay plausible and satisfactory, and exercises its discretion in his favor.
Outcome
The notice of appeal and memorandum of appeal are admitted out of time.
Orders
- The applicant is directed to file the record of appeal within 60 days from 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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