'
1. The applicant has moved this court seeking extension of time to file an appeal out of time.
2. He states that he was charged before the Machakos Law Courts in Criminal Case No. 524 of 2019 with the offence of incest contrary to Section 20(1) of the Sexual Offences Act. He was convicted and sentenced to serve life imprisonment on 14/3/2023. Being dissatisfied with the judgment he now and seeks leave to file an appeal before the High Court.
3. The application is unopposed, with the Respondent having conceded to the same. The judgment of the lower court was delivered on 14/3/2023 sentencing the appellant to life imprisonment. Section 349 of the Criminal Procedure Code provides the time within which a criminal appeal should be filed, but also grants the Court discretionary powers to extend time and admit an appeal filed out of time.
4. In the present circumstances, the Applicant explains that he was being held at Kamiti Prison and was therefore unable to lodge his appeal within the prescribed time. Considering that the application is unopposed, and taking into account the severity of the sentence imposed upon the Applicant, this Court find the reason advanced to be plausible and sufficient. Accordingly, in the interest of justice this Court exercises its discretion to allow the application for extension of time to file the appeal.
5. The Appellant is granted 14 days from the date of this Ruling to file its petition of Appeal before the High Court.
Dated, signed and delivered at Machakos this 9th day of October, 2025.
'
1. The applicant has moved this court seeking extension of time to file an appeal out of time.
2. He states that he was charged before the Machakos Law Courts in Criminal Case No. 524 of 2019 with the offence of incest contrary to Section 20(1) of the Sexual Offences Act. He was convicted and sentenced to serve life imprisonment on 14/3/2023. Being dissatisfied with the judgment he now and seeks leave to file an appeal before the High Court.
3. The application is unopposed, with the Respondent having conceded to the same. The judgment of the lower court was delivered on 14/3/2023 sentencing the appellant to life imprisonment. Section 349 of the Criminal Procedure Code provides the time within which a criminal appeal should be filed, but also grants the Court discretionary powers to extend time and admit an appeal filed out of time.
4. In the present circumstances, the Applicant explains that he was being held at Kamiti Prison and was therefore unable to lodge his appeal within the prescribed time. Considering that the application is unopposed, and taking into account the severity of the sentence imposed upon the Applicant, this Court find the reason advanced to be plausible and sufficient. Accordingly, in the interest of justice this Court exercises its discretion to allow the application for extension of time to file the appeal.
5. The Appellant is granted 14 days from the date of this Ruling to file its petition of Appeal before the High Court.
Dated, signed and delivered at Machakos this 9th day of October, 2025.
'