[2022] KEHC 13165 (KLR)
The court found that the applicant's request for proceedings and judgment was merited, as he had a constitutional right to appeal his conviction and sentence. The delay in providing the documents was not inordinate, given the trial court's staffing challenges, including the lack of a secretary to type proceedings...
Source-derived case information.
- Citation
- [2022] KEHC 13165 (KLR)
- Parties
- Applicant: George Owino Okello; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E089 of 2022
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Proceedings and Leave to Appeal
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Delay in Proceedings, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Owino Okello
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Proceedings and Leave to Appeal
Legal Issues
- 1 Whether the applicant is entitled to copies of proceedings and judgment to facilitate an appeal.
- 2 Whether the delay in supplying proceedings is justified and not inordinate.
Ratio Decidendi
The court found that the applicant's request for proceedings and judgment was merited, as he had a constitutional right to appeal his conviction and sentence. The delay in providing the documents was not inordinate, given the trial court's staffing challenges, including the lack of a secretary to type proceedings for nearly a year. The High Court intervened to have the files typed by its own secretary. Consequently, the application was allowed to ensure the applicant's right of appeal was not prejudiced by administrative delays.
Court Disposition
application allowed
Orders
- The application is allowed.
- The intended appeal to be filed and served on the prosecution within 14 days of the ruling, accompanied by this order.
Full Case Text
Judgment text and source record
21 paragraphs
Okello v Republic (Criminal Miscellaneous Application E089 of 2022) [2022] KEHC 13165 (KLR) (23 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13165 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E089 of 2022
RE Aburili, J
September 23, 2022
Between
George Owino Okello
Applicant
and
Republic
Respondent
(Being an Application arising from Judgment, conviction and sentence of the Principal Magistrate’s Court at Ukwala in Criminal Case No. SO 13 of 2021 on 29/7/2022 by Hon. L.N. Sarapai, Principal Magistrate)
Ruling
1. I have considered the application dated 12/8/2022 which is not opposed. The applicant was convicted of the offence of defilement and sentenced to serve 25 years imprisonment on 29/7/2022. He applied for copies of proceedings and judgment which have not been supplied by Ukwala Law Courts in Criminal Sexual Offence Case No 13/2021.
2. The delay is not inordinate as the trial court has challenges of staff. They have had no secretary to type proceedings for close to one year now and this court has had to step in and called for files to be typed by my secretary. I therefore find the application merited, the same is hereby allowed.
3. The appeal as intended to be filed and served on the prosecution within 14 days of today, accompanied by this ruling/order. The registry to notify the applicant via email to prison authorities forthwith.
4. I so order.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RD DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE