[2024] KEHC 12358 (KLR)
The court found that the applicant failed to advance any reason for the delay in filing the appeal. The application was deemed an afterthought and lacking in substance. Consequently, the court exercised its discretion to decline the application for leave to appeal out of time, emphasizing that the absence of...
Source-derived case information.
- Citation
- [2024] KEHC 12358 (KLR)
- Parties
- Applicant: Francis Anjichi Alias Frank; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E209 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
- Defilement Offence, Sexual Offences Act, Leave to Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Anjichi Alias Frank
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 advance any reason for the delay in filing the appeal. The application was deemed an afterthought and lacking in substance. Consequently, the court exercised its discretion to decline the application for leave to appeal out of time, emphasizing that the absence of sufficient cause is fatal to such applications under Section 349 of the Criminal Procedure Code.
Court Disposition
application dismissed
Orders
- The application dated 27th September 2024 is declined and dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Anjichi alias Frank v Republic (Miscellaneous Criminal Application E209 of 2024) [2024] KEHC 12358 (KLR) (15 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12358 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E209 of 2024
RE Aburili, J
October 15, 2024
Between
Francis Anjichi Alias Frank
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Maseno Senior Principal Magistrate Criminal Sexual Offences Case No. 47 of 2020))
Ruling
1. The applicant Francis Anjichi alias Frank was convicted and sentenced to serve 17 years’ imprisonment vide Maseno SPM Sexual Offence Case No. 47 of 2020 in March 2023.
2. The Applicant was convicted of the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act.
3. He now seeks leave to appeal out of time.
4. I find no reason advanced for the delayed appeal. I find the application is an afterthought and devoid of substance.
5. The application dated 27th September 2024 is declined and dismissed.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15THDAY OF OCTOBER, 2024R. E. ABURILIJUDGE