1. John Kimani, the Applicant, seeks leave to appeal out of time. The Applicant was charged, convicted and sentenced to fifteen (15) years imprisonment for the offence of Being in possession of narcotic drugs contrary to Section 3(1) as read with Section 3(2) of the Narcotics Drugs and Psychotropic Substances (Control) Amendment Act No. 4 of 2022.
2. The Applicant avers that he relied on relatives to support him financially but they were also financially constrained. Section 349 of the Criminal Procedure Code provides;
An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:
Provided that the court to which the appeal is made may for good cause admit an appeal after the period of fourteen days has elapsed, and shall so admit an appeal if it is satisfied that the failure to enter the appeal within that period has been caused by the inability of the appellant or his advocate to obtain a copy of the judgment or order appealed against, and a copy of the record, within a reasonable time of applying to the court therefor.
3. The Applicant was required to file the appeal within the statutory 14 days. However, he has delayed to file the appeal due to financial constraint, a fact that cannot be disregarded. He is incarcerated, it would be in the interest of justice to allow him ventilate his grievances on appeal. For that reason, the reason advanced is a good cause.
4. In the result, the Applicant is granted leave to file the appeal within 14 days thereof. The Deputy Registrar shall ensure he is furnished with the lower court record.
5. It is so ordered.
HCCR MISC APP. E0015 OF 2025 (RUL.) Page 2 of 2
2. The Applicant avers that he relied on relatives to support him financially but they were also financially constrained. Section 349 of the Criminal Procedure Code provides;
An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:
Provided that the court to which the appeal is made may for good cause admit an appeal after the period of fourteen days has elapsed, and shall so admit an appeal if it is satisfied that the failure to enter the appeal within that period has been caused by the inability of the appellant or his advocate to obtain a copy of the judgment or order appealed against, and a copy of the record, within a reasonable time of applying to the court therefor.
3. The Applicant was required to file the appeal within the statutory 14 days. However, he has delayed to file the appeal due to financial constraint, a fact that cannot be disregarded. He is incarcerated, it would be in the interest of justice to allow him ventilate his grievances on appeal. For that reason, the reason advanced is a good cause.
4. In the result, the Applicant is granted leave to file the appeal within 14 days thereof. The Deputy Registrar shall ensure he is furnished with the lower court record.
5. It is so ordered.
HCCR MISC APP. E0015 OF 2025 (RUL.) Page 2 of 2