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Otieno v Republic (Criminal Application E043 of 2025) [2026] KECA 43 (KLR) (27 January 2026) (Ruling)

[2026] KECA 43 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
43
Citation
[2026] KECA 43 (KLR)
Decided
27 January 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for extension of time to file appealCoramLK KIMARU, R. E. Aburili
Holding

The application has merit and is hereby allowed. The applicant shall file and serve the notice of appeal within fourteen (14) days of today’s date.

Facts

Patrick Owino Otieno was convicted of murder and sentenced to 30 years imprisonment. He wishes to appeal but was prevented from filing the appeal in time due to lack of certified typed copies of the proceedings and judgment.

Issues

  1. Whether the applicant's application for extension of time to file the notice of appeal is meritorious.
  2. Whether the applicant's explanation for the delay is excusable.

Reasoning

The Court grants the application as the applicant's explanation for the delay is excusable due to lack of certified typed copies of the proceedings and judgment, and there was no one to follow up on his behalf.

Outcome

Allowed

Orders

  • The applicant shall file and serve the notice of appeal 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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