[2024] KEHC 11204 (KLR)
The court found that the applicant failed to disclose any arguable ground of appeal or sufficient cause for the delay in filing the appeal. The applicant's reliance on reconciliation with the complainant and alleged illness was unpersuasive, especially given the gravity of the offence and the severe injuries...
Source-derived case information.
- Citation
- [2024] KEHC 11204 (KLR)
- Parties
- Applicant: Charles Obote; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E202 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
- Attempted Murder, Leave to Appeal Out of Time, Reconciliation With Complainant, Sentence Leniency
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Obote
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 disclosed sufficient grounds to warrant leave to appeal out of time.
- 2 Whether reconciliation with the complainant justifies granting leave to appeal out of time in a serious criminal offence.
- 3 Whether the applicant's illness constituted a valid reason for delay in filing the appeal.
Ratio Decidendi
The court found that the applicant failed to disclose any arguable ground of appeal or sufficient cause for the delay in filing the appeal. The applicant's reliance on reconciliation with the complainant and alleged illness was unpersuasive, especially given the gravity of the offence and the severe injuries inflicted. The court emphasized that cultural norms or the adult status of the complainant do not justify the applicant's conduct or warrant the grant of leave. The sentence imposed was considered lenient in light of the circumstances. Consequently, the application for leave to appeal out of time was dismissed as an afterthought and a waste of judicial time.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
25 paragraphs
Obote v Republic (Miscellaneous Criminal Application E202 of 2024) [2024] KEHC 11204 (KLR) (25 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11204 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E202 of 2024
RE Aburili, J
September 25, 2024
Between
Charles Obote
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Nyando Senior Principal Magistrate’s Court Criminal Case No. E101 of 2023)
Ruling
1. The Convict Charles Obote was convicted of the offence of attempted murder vide Nyando SPMCRC No. E101 of 2023 on 11th March 2024 and sentenced to serve 31/2 years in prison.
2. He seeks leave to appeal out of time on the ground that he has reconciled with the complainant who is his daughter.
3. I have perused the annexed court proceedings from the lower court. I observe that the Applicant frantically through an advocate, sought to have the prosecution terminated on the same ground.
4. I have considered the injuries sustained by the complainant which were so severe following deep cuts on the neck, limbs and many parts of the body, reminiscent of a cow which was being butchered and which amounted to grievous harm. The complainant was deformed as a result of the severe injuries.
5. The convict claims that he was also ill and unable to appeal in time yet he had all the time to fight the battle of trying to stop his prosecution on account of cultural norms that do not allow a child to testify his father. Further, that the complainant was not a child but an adult. That may be so, that the complainant was an adult but does that give the applicant convict and father the licence to butcher his own child and disfigure and dismember her? The convict was ruthless to his own daughter and there is no evidence of provocation.
6. In my view, there is no ground of appeal that is disclosed by the convict who was given very lenient sentence considering the gravity of the offence which he denied and was dragging the name of the Area Chief who rescued the complainant and took the complainant to the police station.
7. I find the intended appeal to be an afterthought and a waste of judicial time.
8. I decline to grant the prayers sought and dismiss the application.
9. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE