[2023] KEHC 19466 (KLR)
The court exercised its discretion to grant leave to appeal out of time, taking into account that the applicant is in prison and despite the delay, it is in the interest of justice to allow the applicant to challenge his conviction and sentence. The court found the circumstances justified extension of time for...
Source-derived case information.
- Citation
- [2023] KEHC 19466 (KLR)
- Parties
- Applicant: Vincent Ochieng Alias Daddy; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E116 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Leave to appeal out of time granted.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal, Out of Time Appeal, Sexual Offences, Conviction and Sentence
- 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
Vincent Ochieng Alias Daddy
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 in Sexual Offences Case No. 25 of 2020.
Ratio Decidendi
The court exercised its discretion to grant leave to appeal out of time, taking into account that the applicant is in prison and despite the delay, it is in the interest of justice to allow the applicant to challenge his conviction and sentence. The court found the circumstances justified extension of time for filing the appeal.
Court Disposition
Leave to appeal out of time granted.
Orders
- Leave is granted to the applicant/convict Vincent Ochieng alias Daddy to file his appeal out of time.
- The appeal shall be filed and served upon the ODPP Kisumu within 14 days of the ruling date.
Full Case Text
Judgment text and source record
22 paragraphs
Ochieng alias Daddy v Republic (Miscellaneous Criminal Application E116 of 2022) [2023] KEHC 19466 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19466 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E116 of 2022
RE Aburili, J
June 26, 2023
Between
Vincent Ochieng Alias Daddy
Applicant
and
Republic
Respondent
(From original conviction and sentence in Senior Principal Magistrate Criminal Case No. 25 of 2020 at Nyando)
Ruling
1. I have considered the application filed on October 6, 2022 seeking for leave of court to appeal from Nyando Senior Principal Magistrate Sexual Offences Case No. 25 of 2020.
2. I find that despite the delay, as the applicant is in prison, i hereby grant leave to the applicant/convict Vincent Ochieng alias Daddy to file his appeal out of time.
3. The appeal shall be filed and served upon the ODPP Kisumu within 14 days of today.
4. This order to be served upon the appellant through prisons forthwith for compliance.
5. This file is hereby closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JUNE, 2023R. E. ABURILIJUDGE