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Mustuni v Republic (Criminal Application E051 of 2024) [2026] KECA 446 (KLR) (6 March 2026) (Ruling)

[2026] KECA 446 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
446
Citation
[2026] KECA 446 (KLR)
Decided
6 March 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for leave to appeal out of timeCoramPM GACHOKA, JA
Holding

The Court grants the applicant's application for leave to appeal out of time, allowing him to file his notice of appeal within 14 days from the date of this order.

Facts

The applicant was charged with murder in Bungoma HCCRC No. 47 of 2008 and was convicted and sentenced to life imprisonment by the Bungoma High Court. The applicant sought leave to appeal out of time due to financial constraints.

Issues

  1. Whether the applicant's application for leave to appeal out of time should be granted
  2. Whether the delay in filing the appeal is inordinate

Reasoning

The applicant's reason for filing the appeal out of time was convincingly explained, and the delay was not inordinate.

Outcome

Granted

Orders

  • The applicant shall file his notice of appeal within 14 days from the date of this order
  • The Registrar of the High Court is to prepare the record of appeal within 60 days of the filing of the notice of appeal
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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