[2024] KEHC 10110 (KLR)
The court found that the applicant had not been notified of the order granting leave to appeal out of time, making it impossible for him to comply with the original seven-day timeline. In the interests of justice and to avoid rendering the leave granted nugatory, the court exercised its discretion to enlarge the...
Source-derived case information.
- Citation
- [2024] KEHC 10110 (KLR)
- Parties
- Applicant: Moses Odhiambo Charles; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E113 of 2024
- Procedural Posture
- Criminal Application / Ruling on Extension of Time to Appeal
- Outcome
- Application for extension of time to appeal allowed; period for filing appeal enlarged by seven days from service of order.
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sexual Offences Act, Extension of Time, Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Odhiambo Charles
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file an appeal against conviction and sentence for defilement.
- 2 Whether the previous timeline for filing the appeal was sufficient given lack of notification to the applicant.
Ratio Decidendi
The court found that the applicant had not been notified of the order granting leave to appeal out of time, making it impossible for him to comply with the original seven-day timeline. In the interests of justice and to avoid rendering the leave granted nugatory, the court exercised its discretion to enlarge the period for filing the appeal by a further seven days from the date of service of the order on the applicant. The court emphasized that procedural fairness required the applicant to be given a real opportunity to exercise his right of appeal.
Court Disposition
Application for extension of time to appeal allowed; period for filing appeal enlarged by seven days from service of order.
Orders
- The period for filing the appeal out of time is enlarged by a further seven days from the date of service of this order on the applicant.
- Mention dates are recalled and this file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Charles v Republic (Criminal Application E113 of 2024) [2024] KEHC 10110 (KLR) (14 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10110 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E113 of 2024
RE Aburili, J
August 14, 2024
Between
Moses Odhiambo Charles
Applicant
and
Republic
Respondent
((From the original conviction and sentence in Maseno SPM Sexual offences Case No. 28 of 2019))
Ruling
1. On 23/7/2024, the applicant was granted leave to file an appeal out of time from the judgment, conviction and sentence in Maseno SPM S.O. Case No. 28 of 20219 wherein he was charged with the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act and sentenced to serve Sixteen years imprisonment. The applicant was to file an appeal within seven days of the date of the order. The matter was then scheduled for mention on 1/8/2024 to confirm compliance.
2. On the latter date, nothing transpired and the court assistant has since fixed the matter for mention on 16/10/2024 to confirm compliance, yet the compliance anticipated has been overtaken by events, since there is no notification sent to the applicant to enable him comply.
3. Noting that the appeal shall be filed in a different file, I hereby exercise discretion and review the timeline given for filing of the appeal out of time and enlarge the period given by a further seven Days from the date of service of this order on the applicant so that the leave granted is not in vain.
4. Signal to issue forthwith.
5. As the appeal shall be filed in a different file, the mention dates are recalled and this file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14THDAY OF AUGUST, 2024R.E. ABURILIJUDGE