[2023] KEHC 184 (KLR)
The court found that the applicant, having been unrepresented and lacking means to appeal, provided a reasonable explanation for the delay in filing the appeal. The delay was not inordinate. Therefore, the court exercised its discretion to grant leave to appeal out of time, allowing the applicant to challenge his...
Source-derived case information.
- Citation
- [2023] KEHC 184 (KLR)
- Parties
- Applicant: Victor Ouma Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E003 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / 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, Defilement Offence, Sentencing, Unrepresented Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Ouma Ochieng
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / 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 was inordinate.
Ratio Decidendi
The court found that the applicant, having been unrepresented and lacking means to appeal, provided a reasonable explanation for the delay in filing the appeal. The delay was not inordinate. Therefore, the court exercised its discretion to grant leave to appeal out of time, allowing the applicant to challenge his conviction and sentence for defilement.
Court Disposition
Leave to appeal out of time granted.
Orders
- Leave is granted to Victor Ouma Ochieng to file an appeal from Bondo PM SO 65/2020.
- The Petition of Appeal to be filed and served upon the ODPP within 14 days of the ruling date.
Full Case Text
Judgment text and source record
23 paragraphs
Ochieng v Republic (Miscellaneous Criminal Application E003 of 2023) [2023] KEHC 184 (KLR) (24 January 2023) (Ruling)
Neutral citation: [2023] KEHC 184 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E003 of 2023
RE Aburili, J
January 24, 2023
Between
Victor Ouma Ochieng
Applicant
and
Republic
Respondent
(Being an Application for leave to appeal from Bondo PM Criminal S.O. Case No. 65 of 2020)
Ruling
1. I have considered the application for leave to appeal out of time dated January 12, 2023 and filed on Jaqnuary 20, 2023.
2. The applicant deposes that he was convicted by Bondo PM in Criminal S O No 65/2020 on November 3, 2022 and that he was sentenced to serve 20 years imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act. He states that he is a layman and could not afford to appeal.
3. I have perused the grounds and I find that the delay in filing the appeal is not inordinate considering the applicant was not represented.
4. I grant leave to the applicant/convict Victor Ouma Ochieng to file an appeal to this court from Bondo PM SO 65/2020. The Petition of Appeal to be filed and served upon the ODPP within 14 days of today.
5. The Registry to notify the applicant in prison.
6. I so order.
7. This file is now closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 24TH DAY OF JANUARY, 2023R E ABURILIJUDGE