[2024] KEHC 10164 (KLR)
The court found that the applicant's explanation for the delay—reliance on relatives to engage a lawyer—was not satisfactory, especially given the availability of free legal services for lodging appeals. The nearly two-year delay was deemed inordinate, and there was no evidence that the applicant had taken any steps...
Source-derived case information.
- Citation
- [2024] KEHC 10164 (KLR)
- Parties
- Applicant: Lawrence Owuor Ombok; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E137 of 2024
- Procedural Posture
- Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- 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
Lawrence Owuor Ombok
Applicant
Republic
Respondent
Procedural Posture
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 filing an 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's explanation for the delay—reliance on relatives to engage a lawyer—was not satisfactory, especially given the availability of free legal services for lodging appeals. The nearly two-year delay was deemed inordinate, and there was no evidence that the applicant had taken any steps to obtain court proceedings or pursue his appeal rights. The court also noted a pattern where convicts delay appeals until files are lost, which undermines the administration of justice. Consequently, the application for leave to appeal out of time was dismissed as an afterthought and lacking merit.
Court Disposition
application dismissed
Orders
- The application dated 2/7/2024 for leave to appeal out of time is declined and dismissed.
- Signal to issue.
Full Case Text
Judgment text and source record
25 paragraphs
Ombok v Republic (Criminal Application E137 of 2024) [2024] KEHC 10164 (KLR) (15 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10164 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E137 of 2024
RE Aburili, J
August 15, 2024
Between
Lawrence Owuor Ombok
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Winam SPM SO Case No. E051 of 2022 on 11/11/2022)
Ruling
1. The applicant is a convict of the offence of defilement under section 8(3) of the Sexual Offences Act. He was sentenced to serve twenty years in prison.
2. He now seeks leave of this court to appeal out of time.
3. The applicant claims that his relatives promised to engage him a lawyer but have let him down. Even if that were to be the case, nearly two years in prison where free services are offered for lodging appeals free of charge before this court is inordinate delay.
4. This court has established that some convicts delay filing appeals until the original court files vanish with the influence of their associates then they approach this court for leave to appeal out of time such that by the time the court calls for the original court file, it is not available.
5. There is no evidence that the applicant even applied for supply of court proceedings for the nearly two years that he has been imprisoned.
6. I find the reason for the delay not satisfactory. I further find the application an afterthought.
7. The application dated 2/7/2024 is declined and the same is hereby dismissed.
8. Signal to issue.
9. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE