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Abutu v Republic (Criminal Application E046 of 2025) [2026] KECA 88 (KLR) (27 January 2026) (Ruling)

[2026] KECA 88 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
88
Citation
[2026] KECA 88 (KLR)
Decided
27 January 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for extension of time to file an appeal out of timeCoramLK KIMARU
Holding

The application lacks merit and is hereby dismissed

Facts

The applicant was convicted of delement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act and sentenced to life imprisonment. His appeal to the High Court was dismissed after a period of ten years.

Issues

  1. Whether the applicant's delay in filing the appeal out of time is excusable
  2. Whether the applicant has been diligent in pursuing his right of appeal

Reasoning

The Court found the delay of ten years to be inordinate and the applicant was not diligent in pursuing his right of appeal.

Outcome

Application dismissed

Authorities cited

Legislation (2)
  • Sexual Offences Act
  • Court of Appeal Rules
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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