[2024] KEHC 10107 (KLR)
The court found that the applicant was unable to comply with the original timeline for filing an appeal out of time due to the failure of the registry to serve the prison authorities with the order. As the lapse was not the applicant's fault, and in the interest of justice, the court exercised its discretion to...
Source-derived case information.
- Citation
- [2024] KEHC 10107 (KLR)
- Parties
- Applicant: Richard Ochieng Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E103 of 2024
- Procedural Posture
- Criminal Application / Ruling on Extension of Time to Appeal
- Outcome
- Application for enlargement of time allowed.
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sexual Offences Act, Extension of Time, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Ochieng Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file an appeal out of time due to failure of service of the court order on prison authorities.
- 2 Whether the lapse of the original timeline for filing the appeal should be remedied in the interest of justice.
Ratio Decidendi
The court found that the applicant was unable to comply with the original timeline for filing an appeal out of time due to the failure of the registry to serve the prison authorities with the order. As the lapse was not the applicant's fault, and in the interest of justice, the court exercised its discretion to enlarge the period for filing the appeal by a further seven days from the date the order is served upon the applicant in prison.
Court Disposition
Application for enlargement of time allowed.
Orders
- The order on timelines for filing the appeal out of time is reviewed and enlarged by a further seven days from the date of service of this order upon the applicant in prison.
- Signal to issue forthwith.
Full Case Text
Judgment text and source record
20 paragraphs
Onyango v Republic (Criminal Application E103 of 2024) [2024] KEHC 10107 (KLR) (14 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10107 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E103 of 2024
RE Aburili, J
August 14, 2024
Between
Richard Ochieng Onyango
Applicant
and
Republic
Respondent
Ruling
1. On 23/7/2024, the applicant was granted leave to file an appeal out of time from the judgment, conviction and sentence in Nyando SPM SO Case No. E052 of 2022 wherein he was charged with the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act and sentenced to serve 30 years imprisonment. The applicant was to file an appeal within seven days of the date of the order for leave. The matter was then scheduled for mention on 1/8/2024 to confirm compliance.
2. On the latter date, nothing transpired. Regrettably, the registry intimates that the prisons authorities were never served or notified of the order for leave to appeal as issued by the court and therefore what that means is that the timelines were given in vain as they lapsed without the applicant getting the orders for compliance in time.
3. That being the case, and in the interest of justice, I hereby review the order on timelines given in the order for leave to appeal out of time which has lapsed and enlarge the same by a further seven days from date of service of the order herein upon the applicant in prison.
4. Signal to issue forthwith.
5. As the appeal shall be filed in a different separate file, the mention dates are recalled and this file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE