[2024] KEHC 3751 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in filing the appeal, namely lack of legal representation and unavailability of court proceedings. Recognizing the importance of access to justice and the right to appeal, especially for an unrepresented convict, the court...
Source-derived case information.
- Citation
- [2024] KEHC 3751 (KLR)
- Parties
- Applicant: George Odhiambo Kola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E029 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Defilement Offence, Sentencing, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Odhiambo Kola
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 file an 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 the appeal, namely lack of legal representation and unavailability of court proceedings. Recognizing the importance of access to justice and the right to appeal, especially for an unrepresented convict, the court exercised its discretion to grant leave to appeal out of time. The court emphasized that justice would be served by allowing the applicant to challenge his conviction and sentence through the appellate process.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file an appeal out of time.
- The appeal must be filed and served within fourteen (14) days from the date of this ruling.
Full Case Text
Judgment text and source record
23 paragraphs
Kola v Republic (Miscellaneous Criminal Application E029 of 2024) [2024] KEHC 3751 (KLR) (19 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3751 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E029 of 2024
RE Aburili, J
April 19, 2024
Between
George Odhiambo Kola
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. 58 of 2020 at Winam)
Ruling
1. The Applicant George Odhiambo Kola seeks leave of court to file an appeal out of time from Winam Senior Principal Magistrate Sexual Offences Case No. 58 of 2020 from the Judgment and sentence imposed on 18th November 2022 for the offence of defilement contrary to Section 8 (1) as read with Section 8 (3) of the Sexual Offences Act wherein he was sentenced to serve Fifteen (15) years imprisonment.
2. He claims that the delay in filing the appeal was due to lack of an advocate and non-availability of court proceedings.
3. I have considered the application and I find that despite the delay which is explained, the Applicant/Convict deserves justice through an appeal process as he was unrepresented in the lower court.
4. I grant the convict/applicant George Odhiambo Kola leave to appeal out of time.
5. An appeal to be filed and served within fourteen (14) days of today.
6. Signal to issue.
7. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19THDAY OF APRIL, 2024R. E. ABURILIJUDGE