[2024] KEHC 10260 (KLR)
The court found that although there was delay in filing the appeal, the applicant was self-represented and attributed the delay to lack of legal representation and late receipt of proceedings. The court held that justice would still be served by granting leave to appeal out of time, as the applicant had demonstrated...
Source-derived case information.
- Citation
- [2024] KEHC 10260 (KLR)
- Parties
- Applicant: Richard Ouko Odenya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E096 of 2024
- Procedural Posture
- Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Defilement Offence, Sentence Appeal, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Ouko Odenya
Applicant
Republic
Respondent
Procedural Posture
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 for defilement.
- 2 Whether the delay in filing the appeal was justified.
Ratio Decidendi
The court found that although there was delay in filing the appeal, the applicant was self-represented and attributed the delay to lack of legal representation and late receipt of proceedings. The court held that justice would still be served by granting leave to appeal out of time, as the applicant had demonstrated sufficient cause for the delay. The application was therefore allowed, and the applicant was granted 14 days to file and serve the intended appeal.
Court Disposition
application allowed
Orders
- Leave to appeal out of time is granted to the applicant.
- The intended appeal to be filed and served within 14 days of the ruling date, citing this order for leave as granted.
Full Case Text
Judgment text and source record
21 paragraphs
Odenya v Republic (Criminal Application E096 of 2024) [2024] KEHC 10260 (KLR) (19 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10260 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E096 of 2024
RE Aburili, J
August 19, 2024
Between
Richard Ouko Odenya
Applicant
and
Republic
Respondent
Ruling
1. The applicant was convicted and sentenced to serve 20 years imprisonment vide Winam SPM SO Case No. E076 of 2021 on 25th October, 2023 for the offence of defilement under section 8(3) of the Sexual Offences Act.
2. He now prays for leave to appeal out of time on account that his appeal has chances of success and that the delay was due to lack of an advocate and not receiving proceedings in time .
3. I have considered the application. there is delay but justice will still be served if the applicant is granted leave to file his appeal out of time as he was self-represented.
4. I allow the application dated 22nd May, 2024 filed on 19/6/2024. The intended appeal to be filed and served within 14 days of today, citing this order for leave as granted.
5. Signal to issue.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE