[2024] KEHC 12292 (KLR)
The court found that the applicant's request for leave to appeal, made nearly 20 years after conviction and sentence, was an afterthought and mischievous. The delay was deemed inordinate, and the court noted that the original court file may never be recovered due to the lapse of time. The court held that granting...
Source-derived case information.
- Citation
- [2024] KEHC 12292 (KLR)
- Parties
- Applicant: IGO; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E211 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Leave to Appeal, Inordinate Delay, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
IGO
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 nearly 20 years after conviction and sentence for defilement.
- 2 Whether the delay in seeking leave to appeal is justifiable or inordinate.
Ratio Decidendi
The court found that the applicant's request for leave to appeal, made nearly 20 years after conviction and sentence, was an afterthought and mischievous. The delay was deemed inordinate, and the court noted that the original court file may never be recovered due to the lapse of time. The court held that granting such an application would not serve the interests of justice. Consequently, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application dated 1st October 2024 is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
O v Republic (Miscellaneous Criminal Application E211 of 2024) [2024] KEHC 12292 (KLR) (15 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12292 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E211 of 2024
RE Aburili, J
October 15, 2024
Between
IGO
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Nyando Senior Principal Magistrate Criminal Sexual Offences Case No. 737 of 2005)
Ruling
1. The applicant was convicted and sentenced to life imprisonment on 25th July 2006 vide Nyando SPM Sexual Offences Case No. 737 of 2005 for the offence of defilement contrary to Section 145(1) of the Penal Code.
2. He now seeks leave of court to appeal, nearly 20 years later.
3. I find the Applicant/Convict to be mischievous and the application to be an afterthought noting that due to lapse of time, the original court file may never be recovered.
4. The delay is inordinate and not in the interest of justice to grant such an application.
5. The application dated 1st October 2024 is hereby dismissed.
6. The file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15THDAY OF OCTOBER, 2024R. E. ABURILIJUDGE