Awiti v Republic (Criminal Application E055 of 2024) [2025] KECA 1945 (KLR) (20 November 2025) (Ruling)
Neutral citation:
[2025] KECA 1945 (KLR)
Republic of Kenya
Criminal Application E055 of 2024
LK Kimaru, JA
November 20, 2025
Between
Silas Orwa Awiti
Applicant
and
Republic
Respondent
(Being an Application for extension of time to lodge the notice of appeal out of time from the Judgment of the High Court of Kenya at Migori (R. Wendoh, J) dated 25th February, 2022 in HCCR. No. 1 of 2017
Criminal Case 1 of 2017
)
Ruling
1.Silas Orwa Awiti, the applicant herein was charged, tried and convicted of murder contrary to section 2023 as read with section 204 of the Penal Code by the High Court sitting at Migori. The judgment was delivered on 25th February, 2022. He was sentenced to serve a term of imprisonment that has not been disclosed in the application. The applicant wishes to appeal against the said decision to this Court. He has therefore filed an application essentially under Rule 4 of the Court of Appeal Rules seeking to be granted leave to file the notice of appeal out of time. The application is not opposed by the Director of Public Prosecution who indicated that the applicant should be given a chance to exercise his right of appeal to this Court.
2.In the premises therefore, the application has merit and is hereby allowed. The applicant is granted leave to lodge the notice of appeal out of time. The notice of appeal shall be filed and served within fourteen (14) days of today’s date.
DATED AND DELIVERED AT KISUMU THIS 20TH DAY OF NOVEMBER, 2025.L. KIMARU.....................................JUDGE OF APPEALI certify that this is a true copy of original.DEPUTY REGISTRAR.