[2024] KEHC 4349 (KLR)
The court declined to grant leave to appeal out of time because the application was filed in the Kisumu High Court, which lacks jurisdiction over a conviction and sentence passed by the Kakamega court. The applicant failed to provide a satisfactory explanation for the delay of over two years in filing the...
Source-derived case information.
- Citation
- [2024] KEHC 4349 (KLR)
- Parties
- Applicant: Ferdinand Shamala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E025 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Jurisdiction of High Court, Conviction and Sentence, Defilement Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ferdinand Shamala
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 Criminal Case No. 134 of 2019.
- 2 Whether the Kisumu High Court has jurisdiction to grant leave to appeal out of time for a conviction by Kakamega court.
- 3 Whether the delay of over two years in filing the application is justified.
Ratio Decidendi
The court declined to grant leave to appeal out of time because the application was filed in the Kisumu High Court, which lacks jurisdiction over a conviction and sentence passed by the Kakamega court. The applicant failed to provide a satisfactory explanation for the delay of over two years in filing the application. The proper forum for such an application is the Kakamega High Court, and the applicant was directed to file his application there. The application was therefore dismissed for want of jurisdiction and unexplained delay.
Court Disposition
application dismissed
Orders
- The application dated 21st February 2024 is declined and dismissed.
- The applicant to file his application before Kakamega High Court.
Full Case Text
Judgment text and source record
26 paragraphs
Shamala v Republic (Miscellaneous Criminal Application E025 of 2024) [2024] KEHC 4349 (KLR) (19 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4349 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E025 of 2024
RE Aburili, J
April 19, 2024
Between
Ferdinand Shamala
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Principal Magistrate’s Court Criminal Case No. 134 of 2019 at Kakamega)
Ruling
1. I have considered the application dated 21st February 2024 by the Convict Ferdinand Shamala, seeking leave of court to appeal out of time from Kakamega Chief Magistrate Court Criminal Case No. 134 of 2019 from Judgment and sentence passed on 14th April 2022 which is over 2 years ago.
2. The Applicant in his affidavit in support deposes that he was convicted of the offence of defilement contrary to Section 8(1) and 8 (3) of Sexual Offences Act and further claims that the ingredients of Robbery with violence were not proved beyond reasonable doubt.
3. He seems not to understand his case. Furthermore, he was convicted by a Kakamega court and his appeal would be before Kakamega High Court which can also grant him leave to appeal out of time.
4. He claims to have been sentenced to serve twenty (20) years’ imprisonment.
5. I decline to grant the orders sought as the convict was not sentenced by a court within the jurisdiction of Kisumu High Court and it is not clear why he has taken over 2 years to file this application in Kisumu High Court and not Kakamega High Court.
6. The application dated 21st February 2024 is declined and dismissed.
7. The Applicant/Convict to file his application before Kakamega High Court.
8. Signal to issue.
9. This file is closed.
10. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF APRIL, 2024R. E. ABURILIJUDGE