Cheruiyot v Republic (Criminal Application E174 of 2024) [2024] KECA 1745 (KLR) (4 December 2024) (Ruling)

Cheruiyot v Republic (Criminal Application E174 of 2024) [2024] KECA 1745 (KLR) (4 December 2024) (Ruling)

1.The applicant, (Leonard Kipyegon) was convicted and sentenced to life imprisonment for defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act in Criminal Case No. 70 of 2019 at Bomet. His appeal against conviction and sentence was dismissed by the High Court on 30th September 2021. However, he failed to lodge his notice of appeal within the stipulated time and has filed the present application dated 10th July 2024 seeking to enlarge the time to appeal
2.The applicant contends that he was not able to appeal on time because he was not supplied with the Court’s Judgment. Rule 4 of this Court’s Rules allows the Court to exercise discretion to extend the time limited by the Rules for the doing of any act authorised or required by the Rules. In Leo Sila Mutiso vs. Helen Wangari Mwangi [1999] 2 EA, this Court held as follows:It is now well settled that the decision whether or not to extend the time for appealing is essentially discretionary. It is also well settled that in general the matters which this court takes into account in deciding whether to grant an extension of time are: first, the length of the delay: secondly, the reason for the delay: thirdly (possibly), the chances of the appeal succeeding if the application is granted: and, fourthly, the degree of prejudice to the respondent if the application is granted”.
3.The respondent has through written submission conceded to the application and has submitted that given the long sentence imposed by the High Court, the applicant should be given an opportunity to appeal.
4.In my view, the delay of almost 3 years is inordinate and no material has been placed before the court to demonstrate that the applicant made any attempts to obtain the judgment.Consequently, having found no plausible explanation for the delay, I find no merit in the application and dismiss the same.
DATED AND DELIVERED AT NAKURU THIS 4TH DAY OF DECEMBER, 2024.M. WARSAMEJUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR
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1. Sexual Offences Act 4910 citations

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Date Case Court Judges Outcome Appeal outcome
4 December 2024 Cheruiyot v Republic (Criminal Application E174 of 2024) [2024] KECA 1745 (KLR) (4 December 2024) (Ruling) This judgment Court of Appeal MA Warsame  
30 September 2021 ↳ HCCRA No. 001 OF 2020 High Court RL Korir Dismissed