Agnes Sebastian v Republic [2017] KEHC 8024 (KLR)
- Court
- High Court of Kenya
- Case number
- 8024
- Citation
- [2017] KEHC 8024 (KLR)
- Decided
- 30 January 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal Misc. ApplicationPostureApplication for leave to appeal out of timeCoramR. NYAKUNDI
Holding
Leave to appeal out of time is granted
Facts
The applicant was indicted with trafficking in narcotic drugs and pleaded guilty. She was convicted and sentenced to six years imprisonment. She filed a notice of motion seeking leave to appeal out of time.
Issues
- Whether the applicant was represented at the trial
- Whether the 14 days period for lodging an appeal lapsed
- Whether the applicant could file the appeal without certified copies of the trial court's proceedings and record
Reasoning
The court considers the applicant's unrepresented status at the trial and the inability to file the appeal due to lack of certified copies of the trial court's proceedings and record. The court grants leave under section 349 of the Criminal Procedure Code.
Outcome
Leave to appeal out of time granted
Orders
- Annexed draft petition of appeal deemed as duly filed
- Deputy Registrar to prepare the record of appeal to be served upon the applicant and the respondent
- Matter set down for directions
- Further mention on 10/2/2017 to monitor compliance
Remedies
- Leave to appeal out of time granted
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Narcotic Drugs and Psychotropic Substance Act
Cases cited (1)
- S.V Smith [2012] 1SACR 567
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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