[2024] KEHC 4724 (KLR)
The court exercised its discretion to allow the application for leave to appeal out of time, noting that the applicant is in prison, self-represented, and wishes to challenge the consecutive sentences imposed. The court found that despite the delay, it was in the interest of justice to allow the applicant to...
Source-derived case information.
- Citation
- [2024] KEHC 4724 (KLR)
- Parties
- Applicant: Francis Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E018 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application for leave to appeal out of time allowed.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Sentencing, Burglary, Stealing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Ochieng
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 the conviction and sentence.
- 2 Whether the delay in filing the appeal and application is excusable.
Ratio Decidendi
The court exercised its discretion to allow the application for leave to appeal out of time, noting that the applicant is in prison, self-represented, and wishes to challenge the consecutive sentences imposed. The court found that despite the delay, it was in the interest of justice to allow the applicant to ventilate his grievance regarding the two consecutive sentences. The court ordered that the appeal be filed within 14 days from the date of the ruling.
Court Disposition
Application for leave to appeal out of time allowed.
Orders
- Leave to appeal out of time is granted.
- The appeal shall be filed within 14 days of the ruling.
Full Case Text
Judgment text and source record
20 paragraphs
Ochieng v Republic (Miscellaneous Criminal Application E018 of 2024) [2024] KEHC 4724 (KLR) (7 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4724 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E018 of 2024
RE Aburili, J
May 7, 2024
Between
Francis Ochieng
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Case No. 138 of 2022 at Maseno)
Ruling
1. The convict is Francis Ochieng. He was sentenced on 22nd April 2022 to serve 14 years’ imprisonment for the offence of Burglary and Stealing, consecutive years each count bearing 7 years by Maseno Senior Principal Magistrate’s court.
2. He now applies for leave to appeal out of time as he did not have a lawyer and that he intends to challenge the consecutive sentences.
3. I have considered the application and the grounds. The convict is in prison and self-represented.
4. Despite the delay in filing of the appeal and this application, I exercise discretion and allow the application, to enable him ventilate his grievance over the two consecutive sentences imposed on him. The appeal shall be filed within 14 days of today. Signal to issue. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 7THDAY OF MAY, 2024R. E. ABURILIJUDGE