[2024] KEHC 5142 (KLR)
The court found that the applicant's previous appeal was struck out solely because it was filed out of time without leave. Recognizing the applicant's right to appeal and the absence of substantive opposition, the court exercised its discretion to grant leave for the applicant to file his appeal within 14 days from...
Source-derived case information.
- Citation
- [2024] KEHC 5142 (KLR)
- Parties
- Applicant: John Ondera Nicholas; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E056 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application for extension of time to appeal allowed.
- Judges
- RE Aburili
- Legal Topics
- Extension of Time, Criminal Appeals, Sexual Offences, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ondera Nicholas
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time against conviction and sentence for defilement.
Ratio Decidendi
The court found that the applicant's previous appeal was struck out solely because it was filed out of time without leave. Recognizing the applicant's right to appeal and the absence of substantive opposition, the court exercised its discretion to grant leave for the applicant to file his appeal within 14 days from the date of the ruling. The decision ensures access to justice and upholds the procedural requirements for criminal appeals.
Court Disposition
Application for extension of time to appeal allowed.
Orders
- The applicant is granted leave to file his appeal within 14 days from the date of this ruling.
- Signal to issue.
Full Case Text
Judgment text and source record
22 paragraphs
Nicholas v Republic (Miscellaneous Criminal Application E056 of 2024) [2024] KEHC 5142 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5142 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E056 of 2024
RE Aburili, J
May 9, 2024
Between
John Ondera Nicholas
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E002 of 2020 at Winam)
Ruling
1. The Applicant John Ondera Nicholas is a convict in Winam SPM Sexual Offences Case No. E002 of 2020. He was sentenced to serve life imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act.
2. He appealed to this court vide HCCRA No. E052 of 2023 but the appeal was struck out as it was filed out of time without leave of court.
3. He has now come to seek for extension of time to file the said appeal.
4. I grant leave to the convict to file his appeal within 14 days of today.
5. Signal to issue.
6. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE