[2024] KEHC 5049 (KLR)
The court found that although the delay in seeking leave to appeal was inordinate, the interests of justice required that the applicant, who is serving a life sentence for defilement, be granted an opportunity to appeal. The court noted that the applicant was not informed of his right to appeal at the time of...
Source-derived case information.
- Citation
- [2024] KEHC 5049 (KLR)
- Parties
- Applicant: Maxwel Omondi Nyarodi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E017 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Defilement Offence, Sentencing, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Maxwel Omondi Nyarodi
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 conviction and sentence for defilement.
- 2 Whether the delay in filing the appeal is excusable in the circumstances.
Ratio Decidendi
The court found that although the delay in seeking leave to appeal was inordinate, the interests of justice required that the applicant, who is serving a life sentence for defilement, be granted an opportunity to appeal. The court noted that the applicant was not informed of his right to appeal at the time of conviction and sentencing, and that he lacked legal representation and access to proceedings. These factors justified the exercise of judicial discretion to allow the application for leave to appeal out of time, notwithstanding the delay.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to appeal out of time from Winam SPM Sexual Offences Case No. E033 of 2022.
- The appeal shall be filed within fourteen (14) days from the date of this ruling.
Full Case Text
Judgment text and source record
25 paragraphs
Nyarodi v Republic (Miscellaneous Criminal Application E017 of 2024) [2024] KEHC 5049 (KLR) (6 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5049 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E017 of 2024
RE Aburili, J
May 6, 2024
Between
Maxwel Omondi Nyarodi
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E033 of 2022 at Winam)
Ruling
1. The Applicant Maxwel Omondi Nyarodi was convicted of the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.
2. He was sentenced to serve life imprisonment vide Winam SPM Sexual Offences Case No. E033 of 2022. This was on 31st March 2023 which is over one year ago.
3. He has now applied vide a Notice of Motion dated 10th January 2024 for leave to appeal out of time. He claims that he did not have an advocate or proceedings. I also note that from the warrant of commitment to prison, he was not informed of the right of Appeal.
4. Despite delay which is inordinate, justice can still be served as the Applicant is serving life in prison.
5. I exercise discretion and grant the Applicant/Convict leave to appeal out of time from Winam SPM Sexual Offences Case No. E033 of 2022.
6. The appeal shall be filed within fourteen (14) days from the date of this Ruling.
7. Signal to issue.
8. I so order.
9. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF MAY, 2024R. E. ABURILIJUDGE