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Kitai alias Cheparakach v Republic (Criminal Application E055 of 2025) [2026] KECA 59 (KLR) (28 January 2026) (Ruling)

[2026] KECA 59 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
59
Citation
[2026] KECA 59 (KLR)
Decided
28 January 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for extension of time to appeal out of timeCoramLK KIMARU
Holding

The applicant is granted leave to appeal out of time

Facts

The applicant was convicted of robbery with violence and sentenced to 25 years in prison. His appeal to the High Court was dismissed, and the custodial sentence was enhanced to 40 years.

Issues

  1. Whether the applicant should be granted leave to appeal out of time
  2. Whether the Court has unfettered discretion to extend time for filing an appeal

Reasoning

The Court exercised its discretion in favor of the applicant, who explained that he was not provided with certified copies of the proceedings and judgment in time.

Outcome

Leave to appeal granted

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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