[2024] KEHC 16336 (KLR)
The court found that the delay in seeking leave to appeal out of time was not inordinate, particularly considering the applicant was self-represented and incarcerated. The interests of justice warranted granting the application to allow the applicant an opportunity to challenge his conviction and sentence. The court...
Source-derived case information.
- Citation
- [2024] KEHC 16336 (KLR)
- Parties
- Applicant: Moustine Ayoo Ogola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E226 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, Sexual Offences, Defilement, Sentence Appeal
- 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
Moustine Ayoo Ogola
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 for defilement.
- 2 Whether the delay in filing the appeal was inordinate.
Ratio Decidendi
The court found that the delay in seeking leave to appeal out of time was not inordinate, particularly considering the applicant was self-represented and incarcerated. The interests of justice warranted granting the application to allow the applicant an opportunity to challenge his conviction and sentence. The court exercised its discretion under Section 349 of the Criminal Procedure Code to permit the late filing of the appeal.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The application dated 6th November 2024 is allowed.
- The petition of appeal to be filed and served within 14 days of service of this order.
Full Case Text
Judgment text and source record
21 paragraphs
Ogola v Republic (Miscellaneous Criminal Application E226 of 2024) [2024] KEHC 16336 (KLR) (17 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16336 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E226 of 2024
RE Aburili, J
December 17, 2024
Between
Moustine Ayoo Ogola
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Tamu Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E025 of 2023)
Ruling
1. The applicant Moustine Ayoo Ogola seeks leave to appeal out of time from Tamu SPM Sexual Offences Case No. E025 of 2023, defilement contrary to Section 8(1) (4) of the Sexual Offences Act.
2. The delay is not inordinate considering the convict is self-represented. The Applicant was convicted and sentenced to serve 15 years’ imprisonment on 2nd October 2024.
3. I allow the application dated 6th November, 2024. The Petition of appeal to be filed and served within 14 days of date of service of this order.
4. Signal to issue.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17THDAY OF DECEMBER, 2024R. E. ABURILIJUDGE