[2022] KEHC 12185 (KLR)

[2022] KEHC 12185 (KLR)

The court found that the delay in filing the appeal was not inordinate. Exercising its discretion under Section 349 of the Criminal Procedure Code, the court granted the applicant leave to file an appeal out of time against the conviction and sentence. The applicant was directed to file and serve the appeal within...

Source-derived case information.

Citation
[2022] KEHC 12185 (KLR)
Parties
Applicant: William Atito Owuor; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application EO50 of 2022
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, Sexual Offences, Criminal Appeals
Source Language
en
Criminal Law Leave to Appeal Out of Time Conviction and Sentence Sexual Offences Criminal Appeals

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Parties

William Atito Owuor

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal out of time against conviction and sentence.
  2. 2 Whether the delay in filing the appeal was inordinate.

Ratio Decidendi

The court found that the delay in filing the appeal was not inordinate. Exercising its discretion under Section 349 of the Criminal Procedure Code, the court granted the applicant leave to file an appeal out of time against the conviction and sentence. The applicant was directed to file and serve the appeal within 14 days, failing which the leave granted would lapse. The court considered the interests of justice and the right of the applicant to appeal, finding no prejudice to the respondent due to the short delay.

Court Disposition

leave to appeal out of time granted

Orders

  • The applicant is granted leave to file an appeal to the High Court against conviction and sentence in Siaya CM Sexual Offence Case No. E014 of 2022.
  • The applicant shall file and serve the appeal on the Office of the Director of Public Prosecutions within 14 days from the date of this ruling.