Opati v Republic (Criminal Appeal 73 of 2018) [2023] KEHC 3965 (KLR) (3 May 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3965
- Citation
- [2023] KEHC 3965 (KLR)
- Decided
- 3 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from conviction and sentenceCoramRE ABURILI
Holding
The appeal is struck out as fatally incompetent due to the delay and lack of leave to file out of time.
Facts
The appellant was convicted of delement of a child under 12 years old on March 1, 2017, and sentenced to life imprisonment. The appeal was filed on July 10, 2018, over one year after the sentence.
Issues
- Whether the appeal was filed within the statutory time limit
- Whether the appellant obtained leave to file the appeal out of time
- Whether the appeal is fatally incompetent due to the delay
Reasoning
The court found the appeal to be fatally incompetent due to the delay of over one year and five months from the date of sentencing and the lack of leave to file out of time.
Outcome
The appeal is struck out.
Orders
- Strike out the appeal
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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