Matiko v Republic (Criminal Application E37 of 2025) [2026] KECA 310 (KLR) (19 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 310
- Citation
- [2026] KECA 310 (KLR)
- Decided
- 19 February 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for extension of time to appeal out of timeCoramLK KIMARU, R.N. Sitati
Holding
The application has merit and is hereby allowed. The applicant is granted leave to file appeal out of time.
Facts
The applicant, Dickson Mugosi Matiko, was tried and convicted of robbery with violence under section 296(2) of the Penal Code. He is currently serving life imprisonment. His appeal to the High Court at Kisii was dismissed on 31st July, 2014.
Issues
- Whether the applicant should be granted leave to appeal out of time
- Whether the applicant's previous application was unsuccessful and should be considered in this application
Reasoning
The Court is persuaded that the applicant should be given a chance to present his appeal due to the sentence he is currently serving. The applicant's previous application was unsuccessful, but this does not preclude him from presenting his appeal now.
Outcome
The application is allowed.
Orders
- The notice of appeal shall be filed and served within fourteen (14) days from today's date.
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Penal 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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