[2024] KEHC 12123 (KLR)
The High Court found that it had already heard and determined the applicant's appeal against conviction and sentence for incest. As such, the proper forum for seeking leave to appeal out of time is the Court of Appeal, not the High Court. The application was therefore dismissed for want of jurisdiction, and the...
Source-derived case information.
- Citation
- [2024] KEHC 12123 (KLR)
- Parties
- Applicant: Nelson Msengo Kirigha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 109 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Incest Offence, Sexual Offences Act, Appeal Out of Time, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Msengo Kirigha
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the High Court has jurisdiction to grant leave to appeal out of time to the Court of Appeal after dismissing an appeal against conviction and sentence.
- 2 Whether the applicant is entitled to file further applications without leave of court.
Ratio Decidendi
The High Court found that it had already heard and determined the applicant's appeal against conviction and sentence for incest. As such, the proper forum for seeking leave to appeal out of time is the Court of Appeal, not the High Court. The application was therefore dismissed for want of jurisdiction, and the applicant was directed not to file further applications without leave of court.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- The applicant is directed not to file any other application without leave of court.
Full Case Text
Judgment text and source record
19 paragraphs
Kirigha v Republic (Miscellaneous Criminal Application 109 of 2024) [2024] KEHC 12123 (KLR) (8 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12123 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application 109 of 2024
DR Kavedza, J
October 8, 2024
Between
Nelson Msengo Kirigha
Applicant
and
Republic
Respondent
Ruling
1. The appellant was charged with the offence of incest contrary to section 20(1) of the Sexual Offences Act No.3 of 2006. After a full trial, he was found guilty of the offence of incest and convicted accordingly. Consequently, he was sentenced to serve thirty (30) years imprisonment. This court dismissed his appeal against conviction and sentence in its decision delivered on 3rd June 2024 in Kibera High Court Criminal Appeal No. 40 of 2023.
2. He has filed this application seeking to be allowed to appeal out of time to the Court of Appeal.
3. I have considered the application, the supporting affidavit and the applicable law. From the record, the applicant filed an appeal against his conviction and sentence which was heard and determined by this court. In the circumstances, the right forum for the applicant is the Court of Appeal. As such, the application is dismissed. The applicant is directed not to file any other application without leave of court.
Order accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 8THOCTOBER 2024______________D. KAVEDZAJUDGE