[2024] KEHC 11589 (KLR)
The court found that the applicant had not provided any reason for the nine-month delay in seeking leave to appeal out of time. The absence of an explanation for the inordinate delay rendered the application unmeritorious. The court characterized the application as mischievous and an afterthought, and therefore...
Source-derived case information.
- Citation
- [2024] KEHC 11589 (KLR)
- Parties
- Applicant: Paul Agandi Oliech; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E159 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sexual Offences Act, Sentence Appeals, Leave to Appeal Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Agandi Oliech
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has provided sufficient reason for the delay in seeking leave to appeal out of time.
- 2 Whether leave to appeal out of time should be granted in the circumstances.
Ratio Decidendi
The court found that the applicant had not provided any reason for the nine-month delay in seeking leave to appeal out of time. The absence of an explanation for the inordinate delay rendered the application unmeritorious. The court characterized the application as mischievous and an afterthought, and therefore dismissed it. The court emphasized that leave to appeal out of time is a discretionary remedy that is only available where sufficient cause for the delay is demonstrated, which was not the case here.
Court Disposition
application dismissed
Orders
- The application dated 19th July 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Oliech v Republic (Miscellaneous Criminal Application E159 of 2024) [2024] KEHC 11589 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11589 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E159 of 2024
RE Aburili, J
September 26, 2024
Between
Paul Agandi Oliech
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E058 of 2021)
Ruling
1. The Convict Paul Agandi Oliech was sentenced to serve thirty (30) years imprisonment on 19th January 2024 vide Winam SPM Sexual Offences Case No. E058 of 2021 for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.
2. The Mandatory sentence under Section 8(2) of the Sexual Offences Act is life imprisonment.
3. He seeks leave to appeal out of time 9 months later.
4. There is no reason given for the inordinate delay.
5. I find the application mischievous and an afterthought.
6. The application dated 19th July 2024 is dismissed and this file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE