[2024] KEHC 11574 (KLR)
The court found that the applicant failed to provide any explanation or sufficient reasons for the delay in filing his appeal out of time. The absence of any justification for the delay rendered the application devoid of merit. The court emphasized that the law requires an applicant to demonstrate good cause for the...
Source-derived case information.
- Citation
- [2024] KEHC 11574 (KLR)
- Parties
- Applicant: John Ouma Mirende; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E167 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
- Leave to Appeal Out of Time, Defilement Offence, Sexual Offences Act, Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ouma Mirende
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 reasons for the delay in filing an appeal out of time.
- 2 Whether leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant failed to provide any explanation or sufficient reasons for the delay in filing his appeal out of time. The absence of any justification for the delay rendered the application devoid of merit. The court emphasized that the law requires an applicant to demonstrate good cause for the delay before leave can be granted. As the applicant did not meet this threshold, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Mirende v Republic (Miscellaneous Criminal Application E167 of 2024) [2024] KEHC 11574 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11574 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E167 of 2024
RE Aburili, J
September 26, 2024
Between
John Ouma Mirende
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Tamu Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E013 of 2023)
Ruling
1. The Convict John Ouma Mirende was sentenced to serve twenty (20) years imprisonment on 7th December 2024 vide Tamu SPM Sexual Offences Case No. E013 of 2023.
2. He now seeks leave to appeal out of time, vide his application dated 31st July 2024. He faced the charge of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act.
3. He does not explain the reasons for the delay in filing the appeal, upon being sentenced.
4. I find the application to be devoid of any merit and dismiss it.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE