1. The Applicant seeks leave to appeal out of time against the judgment in Keroka CM’s Court Criminal Case No. E089 of 2023.
2. The application is brought under section 349 of the Criminal Procedure Code, which empowers this Court to extend time where good cause is shown.
3. The Applicant depones that he was convicted and sentenced to fifteen (15) years’ imprisonment for the offence of incest contrary to section 20(1) of the Sexual Offences Act, and that he was unable to file the appeal in time due to illness and confusion following conviction.
4. The Supreme Court in Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR emphasized that extension of time depends on a satisfactory explanation for the delay.
5. In this case, the delay has been attributed to ill health and the constraints of incarceration. The explanation, though brief, is plausible and uncontroverted, and the delay is not inordinate.
6. In the circumstances, and bearing in mind the importance of the right of appeal, sufficient cause has been shown to warrant the exercise of this Court’s discretion in favour of the Applicant.
7. Leave is hereby granted to the Applicant to file an appeal out of time. The Deputy Registrar shall facilitate supply of proceedings and judgment on priority basis.
2. The application is brought under section 349 of the Criminal Procedure Code, which empowers this Court to extend time where good cause is shown.
3. The Applicant depones that he was convicted and sentenced to fifteen (15) years’ imprisonment for the offence of incest contrary to section 20(1) of the Sexual Offences Act, and that he was unable to file the appeal in time due to illness and confusion following conviction.
4. The Supreme Court in Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR emphasized that extension of time depends on a satisfactory explanation for the delay.
5. In this case, the delay has been attributed to ill health and the constraints of incarceration. The explanation, though brief, is plausible and uncontroverted, and the delay is not inordinate.
6. In the circumstances, and bearing in mind the importance of the right of appeal, sufficient cause has been shown to warrant the exercise of this Court’s discretion in favour of the Applicant.
7. Leave is hereby granted to the Applicant to file an appeal out of time. The Deputy Registrar shall facilitate supply of proceedings and judgment on priority basis.