REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAMIRA (CHERERE-J) HCCRMISCAPP E054 OF 2026 BETWEEN WYCLIFFE ORIOKI......................................................................APP LICANT AND REPUBLIC........................................................................ ..........RESPONDENT RULING 1. The Applicant seeks leave to appeal out of time against the judgment delivered on 20th February 2025 in Keroka MCSO. E055 of 2025. He contends that he failed to lodge the appeal within the prescribed period due to his incarceration at Kisii Main Prison and his inability to obtain legal assistance in time. He further states that the delay was not deliberate and that his intended appeal has high chances of success. 2. Section 349 of the Criminal Procedure Code requires an appeal from a subordinate court to be filed within fourteen days of the order or sentence appealed against but empowers the High Court to admit an appeal out of time where the appellant satisfies the Court that the failure to appeal within time was due to good cause.
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3. Under Section 349 of the Criminal Procedure Code, the Court may admit an appeal out of time upon being satisfied that the appellant had good cause for not filing the appeal within the prescribed period. The Applicant explains that he was unable to appeal in time because he was in custody and lacked legal assistance. Those circumstances sufficiently explain the delay, and I find that no prejudice will be occasioned to the Respondent if the application is allowed. 4. In the circumstances, I find that the Applicant has demonstrated good cause to warrant the exercise of this Court's discretion under Section 349 of the Criminal Procedure Code. 5. Accordingly, the application is allowed. The Applicant is granted leave to file and serve his appeal out of time. 6. The Deputy Registrar shall ensure that certified copies of the proceedings and judgment in Keroka MCSO E055 of 2025 are supplied to the Applicant without undue delay to facilitate the preparation and prosecution of the appeal. DELIVERED AT NYAMIRA THIS July 2026 WAMAE.T. W. CHERERE JUDGE 27th DAY OF
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Appearances Court Assistant - Hilda Applicant - Present For the DPP - Mr. Chirchir (SADPP)
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