[2024] KEHC 556 (KLR)
The court found that the applicant, who is serving a 20-year sentence and acting in person, had not specified the date of lodging his initial appeal but nonetheless exercised its discretion in his favour. The court considered the gravity of the sentence and the applicant's status as an unrepresented litigant. In the...
Source-derived case information.
- Citation
- [2024] KEHC 556 (KLR)
- Parties
- Applicant: Joseph Ochieng Ajwang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E001 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Leave to appeal out of time granted.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Criminal Appeal Procedure, Conviction and Sentence, Sexual Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ochieng Ajwang
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time against conviction and sentence.
- 2 Whether the applicant's explanation for delay in filing the appeal is sufficient.
Ratio Decidendi
The court found that the applicant, who is serving a 20-year sentence and acting in person, had not specified the date of lodging his initial appeal but nonetheless exercised its discretion in his favour. The court considered the gravity of the sentence and the applicant's status as an unrepresented litigant. In the interests of justice, the court granted leave to file an appeal out of time, directing that the petition of appeal be filed within 14 days from the date of the ruling.
Court Disposition
Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file an appeal from Winam SPM Sexual Offences Case No. E035 of 2022 out of time.
- The petition of appeal shall be filed within 14 days from the date of this ruling.
Full Case Text
Judgment text and source record
20 paragraphs
Ajwang v Republic (Miscellaneous Criminal Application E001 of 2024) [2024] KEHC 556 (KLR) (26 January 2024) (Ruling)
Neutral citation: [2024] KEHC 556 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E001 of 2024
RE Aburili, J
January 26, 2024
Between
Joseph Ochieng Ajwang
Applicant
and
Republic
Respondent
(Arising from the original conviction and sentence in Senior Principal Magistrate Court Criminal Sexual Offences Case No. E035 of 2022 at Wina)
Ruling
1. The Applicant Joseph Ochieng Ajwang is a convict in Winam Senior Principal Magistrate Sexual Offences Case No. E035 of 2022.
2. He seeks leave to appeal out of time on the ground that he filed his appeal No. 051 of 2023 which was not registered in good time. He does not state when he lodged the appeal.
3. However, the Applicant was sentenced to serve twenty (20) years imprisonment and noting that he is acting in person, I exercise discretion and grant him leave to file an appeal from Winam SPM Sexual Offences Case No. E035 of 2022 out of time. The Petition of Appeal to be filed within 14 days of today.
4. Signal to issue. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JANUARY, 2024R. E. ABURILI..............................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR