[2024] KEHC 5021 (KLR)
The court found that, despite the omission of the date of conviction or sentence, the case being a 2024 matter meant the delay in filing the appeal was not inordinate. The applicant was therefore entitled to leave to file his appeal out of time so as to ventilate his grievance. The application was allowed and the...
Source-derived case information.
- Citation
- [2024] KEHC 5021 (KLR)
- Parties
- Applicant: Vincent Onyango Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E055 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Defilement Offence, Sexual Offences Act, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Onyango 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 file an appeal out of time against conviction and sentence for defilement.
Ratio Decidendi
The court found that, despite the omission of the date of conviction or sentence, the case being a 2024 matter meant the delay in filing the appeal was not inordinate. The applicant was therefore entitled to leave to file his appeal out of time so as to ventilate his grievance. The application was allowed and the applicant was granted 14 days to file and serve the petition of appeal.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- Leave is granted to the applicant to file his Petition of Appeal out of time.
- The appeal to be filed and served within 14 days of the ruling date.
Full Case Text
Judgment text and source record
22 paragraphs
Ochieng v Republic (Miscellaneous Criminal Application E055 of 2024) [2024] KEHC 5021 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5021 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E055 of 2024
RE Aburili, J
May 9, 2024
Between
Vincent Onyango Ochieng
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Sexual Offences Case No. E054 of 2024 at Winam)
Ruling
1. The Applicant Vincent Onyango Ochieng is a convict in Winam SPM Sexual Offences Case No. E054 of 2024. He was sentenced to serve 30 years imprisonment on an undisclosed date for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.
2. He seeks leave to appeal out of time.
3. Despite the omission in the date of conviction or sentence, the case being a 2024 case, the delay in filing the appeal is not inordinate.
4. I allow the application dated 23rd February 2024 and grant leave to the Applicant to file his Petition of Appeal out of time, to ventilate his grievance.
5. The appeal to be filed and served within 14 days of today.
6. Signal to issue. This file is closed.
Dated, Signed and Delivered at Kisumu this 9th Day of May, 2024********R. E. ABURILIJUDGEPage 1 of 1