[2025] KEHC 7684 (KLR)

Parties

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

1. 1 Whether the applicant has demonstrated sufficient grounds for extension of time to file an appeal out of time.
2. 2 Whether the delay in filing the appeal was explained satisfactorily to warrant the court's discretion.
3. 3 Whether the applicant's right to appeal under Article 50 of the Constitution should be safeguarded in the circumstances.

Ratio Decidendi

The court found that the applicant had provided a satisfactory explanation for the delay in filing his appeal, namely financial constraints that prevented timely legal representation. Given the seriousness of the offence (defilement) and the severity of the sentence (life imprisonment), the court emphasized the importance of safeguarding the applicant's constitutional right to appeal. The court held that the interests of justice required granting the applicant leave to file his appeal out of time, as the delay was not deliberate and was occasioned by circumstances beyond the applicant's control. The court exercised its discretion in favor of the applicant, allowing the extension of time...

Court Disposition

application allowed

Orders

• Leave is granted to the applicant to file his appeal out of time within 21 days from the date of this ruling.
• The appeal, once properly filed, shall be expeditiously heard and determined.