[2024] KEHC 6471 (KLR)
The court found that there was no prejudice to the respondent in granting the applicant, who is unrepresented and in custody, leave to appeal out of time. The absence of opposition and the applicant's custodial status, combined with the fact that the lower court case is from 2021, justified the exercise of judicial...
Source-derived case information.
- Citation
- [2024] KEHC 6471 (KLR)
- Parties
- Applicant: Henry Ngesa Onganga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E062 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application for leave to appeal out of time granted.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Sexual Offences, Conviction and Sentence, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Henry Ngesa Onganga
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 from the conviction and sentence in Winam SPM Sexual Offences Case No. E037 of 2021.
Ratio Decidendi
The court found that there was no prejudice to the respondent in granting the applicant, who is unrepresented and in custody, leave to appeal out of time. The absence of opposition and the applicant's custodial status, combined with the fact that the lower court case is from 2021, justified the exercise of judicial discretion to allow the application. The court accordingly granted leave to appeal out of time and directed that the appeal be filed and served within 14 days of service of the order.
Court Disposition
Application for leave to appeal out of time granted.
Orders
- Applicant granted leave to file an appeal out of time from the judgment, conviction and sentence in Winam SPM Sexual Offences Case No. E037 of 2021.
- Appeal to be filed and served within 14 days of service of this order.
Full Case Text
Judgment text and source record
22 paragraphs
Onganga v Republic (Miscellaneous Criminal Application E062 of 2023) [2024] KEHC 6471 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6471 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E062 of 2023
RE Aburili, J
June 3, 2024
Between
Henry Ngesa Onganga
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E037 of 2021 at Winam)
Ruling
1. I have considered the application for leave to appeal out of time from Winam SPM Sexual Offences Case No. E037 of 2021.
2. The date of the decision is not indicated. However, I do not find any prejudice in granting the Applicant convict leave to appeal out of time as he is unrepresented and is in custody. In addition, the lower court case is a 2021 case.
3. The Applicant is granted leave to file an appeal out of time from the judgment, conviction and sentence in Winam SPM Sexual Offences Case No. E037 of 2021.
4. The appeal to be filed and served within 14 days of service of this order.
5. Signal to issue.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE