[2024] KEHC 4342 (KLR)
The court found that the applicant had provided sufficient explanation for the delay in filing the appeal, specifically the non-supply of court proceedings and judgment, as well as abandonment by his family. In the absence of opposition from the respondent and considering the interests of justice, the court...
Source-derived case information.
- Citation
- [2024] KEHC 4342 (KLR)
- Parties
- Applicant: Samson Kimutai Sang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E030 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application allowed. Leave to appeal out of time granted.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Defilement Offence, Sentence Appeal
- 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
Samson Kimutai Sang
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant has demonstrated sufficient cause for delay in filing the appeal out of time.
- 2 Whether leave to appeal out of time should be granted.
Ratio Decidendi
The court found that the applicant had provided sufficient explanation for the delay in filing the appeal, specifically the non-supply of court proceedings and judgment, as well as abandonment by his family. In the absence of opposition from the respondent and considering the interests of justice, the court exercised its discretion to grant leave to appeal out of time. The applicant was ordered to file and serve the appeal within fourteen days.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- Applicant granted leave to file an appeal out of time from Tamu Senior Principal Magistrate Sexual Offences Case No. E021 of 2022.
- The appeal to be filed and served within fourteen (14) days of the ruling date.
Full Case Text
Judgment text and source record
23 paragraphs
Sang v Republic (Miscellaneous Criminal Application E030 of 2024) [2024] KEHC 4342 (KLR) (19 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4342 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E030 of 2024
RE Aburili, J
April 19, 2024
Between
Samson Kimutai Sang
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E021 of 2022 at Tamu)
Ruling
1. The Applicant Samson Kimutai Sang was convicted and sentenced to serve 20 years imprisonment by Hon. A. K. Makoross, SPM vide Tamu SPM Sexual Offences Case No. E021 of 2022 on 2nd May 2023, for the offence of Defilement contrary to section 8 (1) and 8 (3) of the Sexual Offences Act.
2. He claims that the delay in filing the appeal was occasioned by none supply of court proceedings and Judgment and that his family abandoned him.
3. I have considered the application, the grounds and reasons for the delay.
4. I grant the Applicant leave to file an appeal out of time from Tamu Senior Principal Magistrate Sexual Offences Case No. E021 of 2022.
5. The appeal to be filed and served within Fourteen (14) days of today.
6. Signal to issue.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19THDAY OF APRIL, 2024R. E. ABURILIJUDGE