[2024] KEHC 11549 (KLR)
The court found that the applicant failed to provide any explanation for the nearly three-year delay in seeking leave to appeal out of time. The record indicated that the applicant's right of appeal was explained at the time of sentencing. The absence of a reasonable or sufficient explanation for the delay rendered...
Source-derived case information.
- Citation
- [2024] KEHC 11549 (KLR)
- Parties
- Applicant: Bonface Andai Arunga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E163 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, Defilement Offence, Sentencing, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bonface Andai Arunga
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 inordinate delay in seeking leave to appeal out of time.
- 2 Whether the applicant's right of appeal was explained at sentencing.
Ratio Decidendi
The court found that the applicant failed to provide any explanation for the nearly three-year delay in seeking leave to appeal out of time. The record indicated that the applicant's right of appeal was explained at the time of sentencing. The absence of a reasonable or sufficient explanation for the delay rendered the application devoid of merit. Consequently, the court dismissed the application and ordered the file closed.
Court Disposition
application dismissed
Orders
- The application dated July 18, 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Arunga v Republic (Miscellaneous Criminal Application E163 of 2024) [2024] KEHC 11549 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11549 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E163 of 2024
RE Aburili, J
September 26, 2024
Between
Bonface Andai Arunga
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Tamu Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E013 of 2021)
Ruling
1. The Convict Bonface Andai Arunga applies for leave to appeal out of time from Tamu SPM Criminal Case No. E013 of 2021 where he was sentenced to serve twenty (20) years imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act, on 30th November 2021.
2. I find the application to be an afterthought as nearly 3 years are elapsing since his sentencing and no explanation is given for the inordinate delay and his right of appeal was explained.
3. The application dated July 18, 2024 is found to be devoid of merit and is dismissed
4. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE