[2022] KEHC 14253 (KLR)
The court found that the applicant failed to provide any reasons for the nearly three-year delay in seeking leave to file an appeal out of time. The absence of an explanation for such inordinate delay, particularly in a case involving a serious offence against a minor, rendered the application unmerited. The court...
Source-derived case information.
- Citation
- [2022] KEHC 14253 (KLR)
- Parties
- Applicant: George William Muhula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E129 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to File Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Extension of Time, Appeal Out of Time, Defilement Offence, Sentencing, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George William Muhula
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to File Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reasons for the inordinate delay in seeking leave to file an appeal out of time.
- 2 Whether the court should exercise its discretion to extend time for filing an appeal nearly three years after resentencing.
Ratio Decidendi
The court found that the applicant failed to provide any reasons for the nearly three-year delay in seeking leave to file an appeal out of time. The absence of an explanation for such inordinate delay, particularly in a case involving a serious offence against a minor, rendered the application unmerited. The court held that the application was an afterthought and declined to exercise its discretion to extend time for filing the appeal.
Court Disposition
application dismissed
Orders
- The application for extension of time to file an appeal out of time is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Muhula v Republic (Miscellaneous Criminal Application E129 of 2022) [2022] KEHC 14253 (KLR) (12 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14253 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E129 of 2022
RE Aburili, J
October 12, 2022
Between
George William Muhula
Applicant
and
Republic
Respondent
(Being an Application for leave of court to file an appeal out of time in Judgment, conviction and sentence in PM’s court at Siaya in Criminal Case No. 707 of 2016 delivered by Hon. T.M. Olando, Senior Resident Magistrate on 5/9/2017 AND in Siaya HCRA No. 93/2017)
Ruling
1. The applicant herein is George William Muhula. He 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 Offence Act. He appealed to this court vide HCRA 93/2017 which appeal against conviction was dismissed on October 29, 2019 and on 25/2/2022, this court resentenced the appellant after receiving and considering a Presentence Report and after according him the opportunity to mitigate. I resentenced the applicant herein to serve 60 years in prison after setting aside the life imprisonment.
2. The applicant has filed a Notice of Appeal on 6/10/2022 nearly 3 years after the resentencing by this court. He seeks for extension of time to file appeal out of time.
3. No reasons are given for the long delay considering the victim of the sexual offence was aged 6 years old.
4. I find the Application not merited. The inordinate delay is not explained to the satisfaction of this court and therefore the application is an afterthought. It is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE