1. The applicant moved this court by an undated Notice of Motion seeking leave to appeal out of time against the conviction and sentence in Nyamira Criminal Case 931 of 2016, in which he was convicted of the offence of robbery with violence and sentenced to life imprisonment.
2. The application is supported by the applicant’s affidavit sworn on 19th December 2025 in which he states that he did not receive the judgment in time to enable him file an appeal within the statutory period and therefore seeks extension of time. The Respondent did not oppose the application.
3. Under Section 349 of the Criminal Procedure Code, this court has discretion to admit an appeal out of time where the appellant satisfies the court that there is good cause for the delay.
4. In the circumstances of this case, and noting that the application is not opposed, the court is satisfied that the applicant should be granted an opportunity to file his appeal out of time.
5. Accordingly:
1) Leave is hereby granted to the applicant to file an appeal out of time.
2) The Deputy Registrar shall supply the Applicant with the proceedings and judgment in Nyamira Criminal Case 931 of 2016.
2. The application is supported by the applicant’s affidavit sworn on 19th December 2025 in which he states that he did not receive the judgment in time to enable him file an appeal within the statutory period and therefore seeks extension of time. The Respondent did not oppose the application.
3. Under Section 349 of the Criminal Procedure Code, this court has discretion to admit an appeal out of time where the appellant satisfies the court that there is good cause for the delay.
4. In the circumstances of this case, and noting that the application is not opposed, the court is satisfied that the applicant should be granted an opportunity to file his appeal out of time.
5. Accordingly:
1) Leave is hereby granted to the applicant to file an appeal out of time.
2) The Deputy Registrar shall supply the Applicant with the proceedings and judgment in Nyamira Criminal Case 931 of 2016.