[2024] KEHC 11609 (KLR)
The court found that the applicant failed to provide any acceptable or sufficient reason for the inordinate delay in filing the appeal. The explanation of lack of money was rejected as convicts are able to file appeals through prison authorities without the need for court fees. The application for leave to appeal...
Source-derived case information.
- Citation
- [2024] KEHC 11609 (KLR)
- Parties
- Applicant: Daniel Otieno Awiti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E169 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, Sexual Offences Act, Leave to Appeal Out of Time, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Otieno Awiti
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 lack of money constitutes a valid ground for delay in filing an appeal by a convict.
Ratio Decidendi
The court found that the applicant failed to provide any acceptable or sufficient reason for the inordinate delay in filing the appeal. The explanation of lack of money was rejected as convicts are able to file appeals through prison authorities without the need for court fees. The application for leave to appeal out of time was deemed an afterthought and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application dated 11th June 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Awiti v Republic (Miscellaneous Criminal Application E169 of 2024) [2024] KEHC 11609 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11609 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E169 of 2024
RE Aburili, J
September 26, 2024
Between
Daniel Otieno Awiti
Applicant
and
Republic
Respondent
((From the original conviction and sentence in Maseno Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E074 of 2021))
Ruling
1. The Convict/Applicant is Daniel Otieno Awiti. He was sentenced vide Maseno SPM Sexual Offences Case No. E074 of 2021 on 5th January 2024 with the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act to serve fifteen (15) years imprisonment.
2. He now seeks leave to appeal out of time. There is no acceptable reason given for the inordinate delay in filing the appeal.
3. The idea of lack of money is neither here nor there as non-represented convicts always file appeals before this court without any court fees, being paid, through prisons authorities.
4. I find the application dated 11th June 2024 to be an afterthought. It is hereby dismissed and this file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE