Kehiu v Republic (Criminal Application E006 of 2026) [2026] KECA 67 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 67
- Citation
- [2026] KECA 67 (KLR)
- Decided
- 30 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to appeal out of timeCoramALI-ARONI
Holding
The application is allowed, and the memorandum of appeal must be filed within the next 30 days.
Facts
The applicant was convicted and sentenced in Sexual Offence Case No. 6 of 2019 and appealed to the High Court, but was unable to file a notice of appeal due to incarceration, poverty, lack of legal knowledge, and delayed access to the High Court judgment.
Issues
- jurisdiction and delay
- arguability of the intended appeal
- applicant's status as a pauper
- broader interests of justice
Reasoning
The Court found that the applicant has sufficiently explained the reasons for the delay and that the delay is not inordinate. The Court exercised its discretion in the applicant's favour.
Outcome
The application is allowed.
Orders
- The memorandum of appeal must be filed within the next 30 days of the date of this ruling.
Authorities cited
Cases cited (3)
- Nicholas Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others [2014]
- Republic v Karisa Chengo & 2 Others (2017) eKLR
- Ngige v. Republic (Criminal Application E013 of 2024) [2024] KECA 848 (KLR)
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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