[2024] KEHC 5029 (KLR)
The court found that although there was inordinate delay in seeking leave to appeal out of time, the applicant was self-represented and had not provided an explanation for the delay. Nevertheless, in the interests of justice and considering the applicant's lack of legal representation, the court exercised its...
Source-derived case information.
- Citation
- [2024] KEHC 5029 (KLR)
- Parties
- Applicant: Collins Mwalo Opel; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E053 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, Defilement Offence, Sentencing, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Mwalo Opel
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 despite inordinate delay.
- 2 Whether the applicant's self-representation justifies extension of time.
Ratio Decidendi
The court found that although there was inordinate delay in seeking leave to appeal out of time, the applicant was self-represented and had not provided an explanation for the delay. Nevertheless, in the interests of justice and considering the applicant's lack of legal representation, the court exercised its discretion to grant leave to appeal out of time. The court emphasized that justice can still be served despite the delay, and therefore allowed the application, directing that the appeal be filed and served within 14 days.
Court Disposition
Leave to appeal out of time granted.
Orders
- Leave to appeal out of time is granted to the applicant.
- The appeal to be filed and served within 14 days of the ruling date.
Full Case Text
Judgment text and source record
20 paragraphs
Opel v Republic (Miscellaneous Criminal Application E053 of 2024) [2024] KEHC 5029 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5029 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E053 of 2024
RE Aburili, J
May 9, 2024
Between
Collins Mwalo Opel
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Sexual Offences Case No. E003 of 2019 at Winam)
Ruling
1. The Applicant Collins Mwalo Opel is a convict in Winam SPM Sexual Offences Case No. E003 of 2019 where he was sentenced to serve 50 years’ imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.
2. He seeks leave to appeal out of time from 7th October 2022 date of conviction. There is inordinate delay with no explanation. He is however self-represented and therefore despite the delay, justice can still be served. I grant leave to the Applicant Collins Mwalo Opel to appeal out of time.
3. The appeal to be filed and served within 14 days of today.
4. Signal to issue. File is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE