[2024] KEHC 4341 (KLR)
Despite the inordinate delay, the court found that the applicant, being self-represented and seeking to challenge the sentence, should be accorded an opportunity to appeal in the interest of justice. The court exercised its discretion to grant leave to appeal out of time, emphasizing access to justice for...
Source-derived case information.
- Citation
- [2024] KEHC 4341 (KLR)
- Parties
- Applicant: Sheillah Akinyi Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E027 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Leave to appeal out of time granted.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Handling Stolen Property, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sheillah Akinyi Omondi
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 handling stolen property.
Ratio Decidendi
Despite the inordinate delay, the court found that the applicant, being self-represented and seeking to challenge the sentence, should be accorded an opportunity to appeal in the interest of justice. The court exercised its discretion to grant leave to appeal out of time, emphasizing access to justice for unrepresented litigants.
Court Disposition
Leave to appeal out of time granted.
Orders
- Applicant granted leave to appeal out of time.
- Intended appeal to be filed and served upon the ODPP within 14 days.
Full Case Text
Judgment text and source record
23 paragraphs
Omondi v Republic (Miscellaneous Criminal Application E027 of 2024) [2024] KEHC 4341 (KLR) (19 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4341 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E027 of 2024
RE Aburili, J
April 19, 2024
Between
Sheillah Akinyi Omondi
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Case No. E189 of 2023 at Winam))
Ruling
1. I have considered the Notice of Motion dated 16th March 2024 seeking leave to appeal out of time from Winam Senior Principal Magistrate Criminal Case No. E189 of 2023 for the offence of handling stolen property.
2. The delay is inordinate. However, as the convict wishes to challenge the sentence imposed and she was self-represented, I find that it is in the interest of justice that she be accorded the opportunity to appeal.
3. I grant the Applicant Sheillah Akinyi Omondi leave to appeal out of time.
4. The intended appeal to be filed and served upon the ODPP within 14 days of today.
5. Signal to issue forthwith.
6. This file is closed.
7. I so order.
Dated, Signed and Delivered at Kisumu this 19th Day of April, 2024R. E. ABURILIJUDGEPage 2 of 2