[2024] KEHC 5702 (KLR)
The court found that the delay in filing the appeal was not inordinate. Consequently, the applicant was granted leave to file an appeal out of time against his conviction and sentence for robbery with violence. The court exercised its discretion in favour of the applicant, considering the circumstances and the...
Source-derived case information.
- Citation
- [2024] KEHC 5702 (KLR)
- Parties
- Applicant: Humphrey Mwambich; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E070 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Leave to appeal out of time granted.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Robbery With Violence, Criminal Sentencing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Humphrey Mwambich
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 his conviction and sentence for robbery with violence.
Ratio Decidendi
The court found that the delay in filing the appeal was not inordinate. Consequently, the applicant was granted leave to file an appeal out of time against his conviction and sentence for robbery with violence. The court exercised its discretion in favour of the applicant, considering the circumstances and the relatively short delay.
Court Disposition
Leave to appeal out of time granted.
Orders
- Leave is granted to the applicant to file an appeal out of time from Winam SPM Criminal Case No. E460 of 2023.
- The appeal shall be filed within 14 days of the ruling date.
Full Case Text
Judgment text and source record
21 paragraphs
Mwambich v Republic (Miscellaneous Criminal Application E070 of 2024) [2024] KEHC 5702 (KLR) (21 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5702 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E070 of 2024
RE Aburili, J
May 21, 2024
Between
Humphrey Mwambich
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Case No. 460 of 2023 at Winam)
Ruling
1. I have considered the application dated 6th May 2024 by the Applicant Convict Humphrey Mwambich seeking leave to appeal out of time.
2. The Applicant claims that he was convicted on 15th April 2024 and sentenced to serve 15 years imprisonment for the offence of Robbery with violence contrary to Section 296 (2) of the Penal Code vide Winam SPM Criminal Case No. E460 of 2023.
3. The delay is not inordinate. I grant leave to the applicant to file an appeal out of time from Winam SPM Criminal Case No. E460 of 2023.
4. The appeal shall be filed within 14 days of today.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 21ST DAY OF MAY, 2024R. E. ABURILIJUDGE