[2023] KEHC 1782 (KLR)
The court found that the applicant, acting in person, had not delayed inordinately in seeking leave to appeal out of time. The explanation for the delay—shock and confusion following conviction and sentencing—was accepted as reasonable. The court exercised its discretion under Section 349 of the Criminal Procedure...
Source-derived case information.
- Citation
- [2023] KEHC 1782 (KLR)
- Parties
- Applicant: Isaac Odhiambo Ojwang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E021 of 2023
- 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, Conviction Appeal, Defilement Offence, Sentencing, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Odhiambo Ojwang
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.
Ratio Decidendi
The court found that the applicant, acting in person, had not delayed inordinately in seeking leave to appeal out of time. The explanation for the delay—shock and confusion following conviction and sentencing—was accepted as reasonable. The court exercised its discretion under Section 349 of the Criminal Procedure Code to grant leave, noting that the interests of justice would be served by allowing the applicant to file his appeal out of time.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- Applicant granted leave to appeal out of time.
- Petition of appeal to be filed and served upon ODPP Siaya within 14 days of the ruling date.
Full Case Text
Judgment text and source record
21 paragraphs
Ojwang v Republic (Miscellaneous Criminal Application E021 of 2023) [2023] KEHC 1782 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1782 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E021 of 2023
RE Aburili, J
February 28, 2023
Between
Isaac Odhiambo Ojwang
Applicant
and
Republic
Respondent
(Being an Application for leave to appeal out of time in Bondo PM SO E020/2021)
Ruling
1. The applicant Isaac Odhiambo Ojwang seeks leave of court to appeal out of time. He says he was convicted on October 14, 2022 vide Bondo PM SO E020/2021 of the offence of defilement and resentenced to serve 20 years imprisonment and that due to shock, he never appealed as he was confused.
2. I have considered the application and grounds.
3. I find the delay is not inordinate as the convict is acting in person. I grant him leave to appeal out of time. The Petition of appeal to be filed and served upon ODPP Siaya within 14 days of today.
4. Registry to notify him forthwith.
5. I so order. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF FEBRUARY, 2023R.E. ABURILIJUDGE