[2024] KEHC 10150 (KLR)
The court found that the applicant, convicted and sentenced to life imprisonment for defilement, had delayed filing his appeal by four months. The delay was attributed to lack of funds and unfulfilled promises by family members to assist with the appeal. The court held that a four-month delay was not inordinate in...
Source-derived case information.
- Citation
- [2024] KEHC 10150 (KLR)
- Parties
- Applicant: Victor Rono; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E136 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
- Defilement Offence, Sexual Offences Act, Leave to Appeal Out of Time, Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Rono
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 for defilement.
Ratio Decidendi
The court found that the applicant, convicted and sentenced to life imprisonment for defilement, had delayed filing his appeal by four months. The delay was attributed to lack of funds and unfulfilled promises by family members to assist with the appeal. The court held that a four-month delay was not inordinate in the circumstances, especially considering the applicant's custodial status and the reasons advanced. Exercising its discretion under section 349 of the Criminal Procedure Code, the court granted the applicant leave to file his appeal out of time, directing that the appeal be filed within 14 days and that this order be cited in the petition of appeal.
Court Disposition
leave to appeal out of time granted
Orders
- The applicant is granted leave to file an appeal within 14 days of this ruling.
- The petition of appeal to cite this order for leave as granted.
Full Case Text
Judgment text and source record
21 paragraphs
Rono v Republic (Miscellaneous Criminal Application E136 of 2024) [2024] KEHC 10150 (KLR) (14 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10150 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E136 of 2024
RE Aburili, J
August 14, 2024
Between
Victor Rono
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Tamu SPM S.O. Case No. E016 of 2023)
Ruling
1. The applicant is a convict in a defilement case at Tamu Law Courts. He was sentenced to serve Life imprisonment for the offence of defilement contrary to section 8(1) as read with section 8(2) of the of the Sexual Offences Act on 7/3/2024. He seeks leave of court to appeal out of time and the cause for the delay is that he had no money to pay for the appeal and that his family members who promised to appeal for him defaulted.
2. I have considered the appeal and the fact that the applicant convict is in custody.A delay of four months is not inordinate. The applicant is hereby granted leave to file an appeal within 14 days of today. The petition of appeal to cite this order for leave as granted.
3. Signal to issue forthwith.
4. This file is closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14THDAY OF AUGUST, 2024R.E. ABURILIJUDGE