NELSON KIPROTICH LANGAT v REPUBLIC [2009] KEHC 1795 (KLR)
- Court
- High Court of Kenya
- Case number
- 1795
- Citation
- [2009] KEHC 1795 (KLR)
- Decided
- 31 July 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal Miscellaneous ApplicationPostureApplication for leave to appeal out of timeCoramM. A. ANG’AWA
Holding
Leave to appeal out of time is granted, and the applicant is given 14 days to file the appeal.
Facts
The applicant was convicted of robbery with violence and sentenced to death. The appeal was not filed within the 14-day period due to delay in obtaining the proceedings and judgment.
Issues
- Whether the applicant can obtain leave to file the appeal out of time
- Whether the court can extend the time for filing the appeal
Reasoning
The court grants leave to appeal out of time under Section 349 of the Criminal Procedure Code, as the applicant can show that the delay in obtaining the proceedings and judgment caused the delay in filing the appeal.
Outcome
Application granted
Orders
- Leave to appeal out of time granted
- 14 days granted to file appeal from today's date
Authorities cited
Legislation (1)
- Section 349 of the Criminal Procedure Code
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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