[2024] KEHC 3750 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in filing his appeal, namely the lack of access to the proceedings and judgment. Given the gravity of the sentence—life imprisonment—the court held that it is in the interests of justice and fairness to allow the applicant an...
Source-derived case information.
- Citation
- [2024] KEHC 3750 (KLR)
- Parties
- Applicant: Baton Asanga Hassan; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E026 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application for leave to appeal out of time granted.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Defilement Offence, Sentencing, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Baton Asanga Hassan
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 appeal out of time against conviction and sentence for defilement.
- 2 Whether the delay in filing the appeal was sufficiently explained.
Ratio Decidendi
The court found that the applicant had provided a reasonable explanation for the delay in filing his appeal, namely the lack of access to the proceedings and judgment. Given the gravity of the sentence—life imprisonment—the court held that it is in the interests of justice and fairness to allow the applicant an opportunity to be heard on appeal. The court exercised its discretion to grant leave to appeal out of time, emphasizing that justice should not be sacrificed on the altar of procedural technicalities, particularly where the liberty of the applicant is at stake.
Court Disposition
Application for leave to appeal out of time granted.
Orders
- Applicant granted leave to appeal out of time.
- Intended appeal to be filed and served within fourteen (14) days of the ruling date.
Full Case Text
Judgment text and source record
24 paragraphs
Hassan v Republic (Miscellaneous Criminal Application E026 of 2024) [2024] KEHC 3750 (KLR) (19 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3750 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E026 of 2024
RE Aburili, J
April 19, 2024
Between
Baton Asanga Hassan
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Chief Magistrate’s Court Criminal Sexual Offences Case No. E006 of 2022 at Kisumu)
Ruling
1. On 26th January 2023, the Applicant herein Baton Asanga Hassan was convicted and sentenced to serve life imprisonment for the offence of defilement contrary to Section 8 (1) as read with Section 8 (2) of the Sexual Offences Act by Hon. W. K. Onkunya, SRM.
2. He applies for leave to appeal out of time saying he delayed because he did not get copies of the proceedings and judgment in Kisumu Chief Magistrate Criminal Case No. E006 of 2022.
3. I have considered the application and supporting affidavit. Despite the delay, which is explained, justice can still be served as the Convict was handed life in prison and it is only fair and just that he is heard on appeal as desired.
4. I exercise discretion and grant the Applicant Baton Asanga Hassan leave to appeal out of time.
5. The intended appeal to be filed and served within fourteen (14) days of today.
6. Signal to issue
7. This file is closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19THDAY OF APRIL, 2024R. E. ABURILIJUDGE