[2024] KEHC 5701 (KLR)
The court found that the applicant failed to provide any explanation for the delay in seeking leave to appeal out of time, despite the judgment and sentence having been delivered on 24th June 2021. The delay was deemed inordinate and unexplained. Consequently, the court declined to exercise its discretion to grant...
Source-derived case information.
- Citation
- [2024] KEHC 5701 (KLR)
- Parties
- Applicant: Stephen Odhiambo Ajoki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E069 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Sentence Reduction, Criminal Procedure, Sexual Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Odhiambo Ajoki
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in filing an appeal out of time.
- 2 Whether leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant failed to provide any explanation for the delay in seeking leave to appeal out of time, despite the judgment and sentence having been delivered on 24th June 2021. The delay was deemed inordinate and unexplained. Consequently, the court declined to exercise its discretion to grant leave, emphasizing that sufficient cause must be shown for such applications to succeed.
Court Disposition
application dismissed
Orders
- The application dated 22nd March 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Ajoki v Republic (Miscellaneous Criminal Application E069 of 2024) [2024] KEHC 5701 (KLR) (21 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5701 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E069 of 2024
RE Aburili, J
May 21, 2024
Between
Stephen Odhiambo Ajoki
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Sexual Offences Case No.13 of 2019 at Winam)
Ruling
1. I have considered the application dated 22nd March 2024. The application seeks leave of court to file an appeal out of time from judgment and sentence rendered on 24th June 2021 in Winam SPM Sexual Offences Case No. 13 of 2019, sentencing him to serve ten (10) years imprisonment for the offence of gang rape contrary to Section 10 of the Sexual Offences Act.
2. The Applicant claims that he seeks for leave to appeal so that he appeals for sentence reduction.
3. There is no reason why the Applicant/Convict did not appeal from 24th June 2021.
4. I find the delay to be inordinate and unexplained. I decline to grant leave sought.
5. The application dated 22nd March 2024 is dismissed.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 21ST DAY OF MAY, 2024R. E. ABURILIJUDGE