[2023] KEHC 19014 (KLR)
The court exercised its discretion to grant the applicant leave to appeal out of time despite the absence of good grounds for the delay, considering the interests of justice and the applicant's right to appeal against conviction and sentence in a criminal matter. The court directed that the intended appeal be filed...
Source-derived case information.
- Citation
- [2023] KEHC 19014 (KLR)
- Parties
- Applicant: Reagan Ochieng Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E25 of 2023
- 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, Conviction and Sentence, Defilement Offence
- 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
Reagan Ochieng Otieno
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 in a defilement case.
Ratio Decidendi
The court exercised its discretion to grant the applicant leave to appeal out of time despite the absence of good grounds for the delay, considering the interests of justice and the applicant's right to appeal against conviction and sentence in a criminal matter. The court directed that the intended appeal be filed and served within fourteen days.
Court Disposition
Leave to appeal out of time granted.
Orders
- The applicant is granted leave to appeal out of time from the conviction and sentence in Tamu PMCR Sexual Offences No E019 of 2022.
- The intended appeal to be filed and served upon the ODPP within fourteen days from the date of the ruling.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E25 of 2023) [2023] KEHC 19014 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19014 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E25 of 2023
RE Aburili, J
June 19, 2023
Between
Reagan Ochieng Otieno
Applicant
and
Republic
Respondent
Ruling
1. This Application for leave to appeal out of time filed on June 6, 2023 is similar to the one filed by the same Convict/Applicant Reagan Ochieng Otieno in HCCR Misc Application No E034 of 2023.
2. The Applicant claims that he was convicted on February 22, 2023 vide Tamu SPM Criminal Sexual Offences Case No E019 of 2022 and sentenced to serve twenty (20) years imprisonment in a defilement case.
3. Although no good grounds for the delay have been advanced, I exercise discretion and grant the Applicant/Convict herein Reagan Ochieng Otieno leave to appeal out of time from the conviction and sentence passed in Tamu PMCR Sexual Offences No E019 of 2022.
4. The appeal as intended to be filed and served upon the ODPP within fourteen (14) days of today.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE