Oduny v Republic (Criminal Application E001 of 2026) [2026] KECA 453 (KLR) (6 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 453
- Citation
- [2026] KECA 453 (KLR)
- Decided
- 6 March 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to appeal out of timeCoramE. C. MWITA
Holding
The court grants the application and allows the notice of appeal to be deemed duly filed.
Facts
The applicant was sentenced to death in Kajiado Criminal Case No 7 of 2015. He filed an application seeking extension of time to file an appeal out of time due to unawareness of the appeal procedure and timelines.
Issues
- Whether the applicant's delay in filing an appeal is reasonable
- Whether the court should grant leave to appeal out of time
Reasoning
The court found the applicant's delay reasonable due to his unawareness of the appeal procedure and granted leave to appeal out of time.
Outcome
The notice of appeal dated 8th January, 2026 shall be deemed as duly filed and served. The memorandum of appeal dated 10th January, 2026 shall also be deemed duly filed and served. The record of appeal shall be filed within 30 days from the date of the ruling.
Orders
- Granting leave to appeal out of time
Remedies
- The notice of appeal dated 8th January, 2026 shall be deemed as duly filed and served. The memorandum of appeal dated 10th January, 2026 shall also be deemed duly filed and served. The record of appeal shall be filed within 30 days from the date of the ruling.
Authorities cited
Cases cited (1)
- Leo Sila Mutiso v Helen Wangari Mwangi (Civil Application No. Nai 255 of 1997 [1999] 2 EA)
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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