[2024] KEHC 5022 (KLR)
The court found that the delay in filing the appeal was not inordinate given the applicant's circumstances—being in prison and self-represented, with failed efforts by his family to secure legal representation. The court exercised its discretion to grant leave to appeal out of time, considering the interests of...
Source-derived case information.
- Citation
- [2024] KEHC 5022 (KLR)
- Parties
- Applicant: Kevin Omondi Aoko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E054 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, Defilement Offence, Sentencing, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Omondi Aoko
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 for defilement.
- 2 Whether the delay in filing the appeal was inordinate or excusable.
Ratio Decidendi
The court found that the delay in filing the appeal was not inordinate given the applicant's circumstances—being in prison and self-represented, with failed efforts by his family to secure legal representation. The court exercised its discretion to grant leave to appeal out of time, considering the interests of justice and the applicant's right to appeal.
Court Disposition
Leave to appeal out of time granted.
Orders
- The applicant Kevin Omondi Aoko is granted leave to file his appeal out of time from Kisumu Chief Magistrate Sexual Offences Case No. 01 of 2018.
- The appeal shall be filed within 14 days of the date of this ruling.
Full Case Text
Judgment text and source record
24 paragraphs
Aoko v Republic (Miscellaneous Criminal Application E054 of 2024) [2024] KEHC 5022 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5022 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E054 of 2024
RE Aburili, J
May 9, 2024
Between
Kevin Omondi Aoko
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Chief Magistrate’s Court Sexual Offences Case No. 1 of 2018 at Kisumu))
Ruling
1. The applicant Kevin Omondi Aoko is a convict vide Kisumu Chief Magistrate Sexual Offences Case No. 01 of 2018.
2. He claims that he was convicted on January 29, 2024 and that he could not meet the 14 days’ dateline for appealing as his family members promised to engage him a lawyer in vain.
3. From the warrant of commitment to prison dated January 29, 2024 annexed, he was convicted of the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act and sentenced to serve 15 years’ imprisonment.
4. The delay is not inordinate considering that the convict is in prison and is self-represented.
5. I grant leave to the convict Kevin Omondi Aoko to file his appeal out of time from Kisumu Chief Magistrate Sexual Offences Case No. 01 of 2018.
6. The appeal shall be filed within 14 days of today.
7. Signal to issue.
8. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE