[2022] KEHC 14411 (KLR)
The court found that the applicant failed to provide any satisfactory explanation for the inordinate delay of over five months in seeking leave to appeal against the sentence. The sentence imposed was not only lawful but also lenient, considering the gravity of the offence and the loss of an innocent life. The...
Source-derived case information.
- Citation
- [2022] KEHC 14411 (KLR)
- Parties
- Applicant: George Mukoya Ng’ong’a; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E127 of 2022
- 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, Sentencing Principles, Murder Offence, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mukoya Ng’ong’a
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 reason for the delay in filing an appeal against sentence out of time.
- 2 Whether the sentence imposed was harsh and excessive warranting leave to appeal out of time.
Ratio Decidendi
The court found that the applicant failed to provide any satisfactory explanation for the inordinate delay of over five months in seeking leave to appeal against the sentence. The sentence imposed was not only lawful but also lenient, considering the gravity of the offence and the loss of an innocent life. The application was deemed an afterthought and devoid of merit, and the court was not persuaded that leave to appeal out of time should be granted.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- The file is hereby closed.
Full Case Text
Judgment text and source record
25 paragraphs
Ng’ong’a v Republic (Miscellaneous Criminal Application E127 of 2022) [2022] KEHC 14411 (KLR) (26 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14411 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E127 of 2022
RE Aburili, J
October 26, 2022
Between
George Mukoya Ng’ong’a
Applicant
and
Republic
Respondent
(Application for leave to appeal in Siaya HCR No. E017 of 2021)
Ruling
1. On 4/5/2022, this court sentenced the applicant herein to serve 50 years imprisonment, following his conviction for the offence of Murder contrary to section 203 as read with section 204 of the Penal Code.
2. The applicant now seeks leave to appeal out of time, against sentence only, claiming that the sentence was harsh and excessive.
3. Before passing the sentence I received a Presentence Report on the applicant herein in HCR E017/2021. Punishment for murder, upon conviction, is death.
4. The applicant does not state why he has taken over 5 months to challenge sentence which was lawful and leniently exercised considering that an innocent life was lost. The delay is inordinate and not explained to the satisfaction of this court.
5. The application is an afterthought.
6. The sentence imposed was not only lawful but lenient. I am not persuaded that the convict herein George Mukoya Ng’ong’a deserves the leave sought.
7. The application filed on 28/9/2022 is hereby found to be devoid of merit.
8. It is hereby dismissed and this file is hereby closed.
9. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 26TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE