[2024] KEHC 11612 (KLR)
The court found that although the applicant's reasons for delay were common and the delay was inordinate, no prejudice would be occasioned to the state or complainant if the applicant was granted an opportunity to appeal. Therefore, in the interests of justice, leave to appeal out of time was granted to allow the...
Source-derived case information.
- Citation
- [2024] KEHC 11612 (KLR)
- Parties
- Applicant: Geoffrey Kibet Siele; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E175 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
- Leave to Appeal Out of Time, Defilement Offence, Conviction and Sentence, Criminal Appeals
- 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
Geoffrey Kibet Siele
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 his conviction and sentence for defilement.
Ratio Decidendi
The court found that although the applicant's reasons for delay were common and the delay was inordinate, no prejudice would be occasioned to the state or complainant if the applicant was granted an opportunity to appeal. Therefore, in the interests of justice, leave to appeal out of time was granted to allow the applicant to ventilate his grievances on appeal.
Court Disposition
Leave to appeal out of time granted.
Orders
- The applicant Geoffrey Kibet Siele is granted leave to appeal out of time from Winam SPM Sexual Offences Case No. E018 of 2023.
- The appeal shall be filed within 14 days of the ruling date.
Full Case Text
Judgment text and source record
23 paragraphs
Siele v Republic (Miscellaneous Criminal Application E175 of 2024) [2024] KEHC 11612 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11612 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E175 of 2024
RE Aburili, J
September 26, 2024
Between
Geoffrey Kibet Siele
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E018 of 2023)
Ruling
1. The Applicant is Geoffrey Kibet Siele. He is a convict in Winam SPM Sexual Offences Case No. E018 of 2023. He was convicted for the offence of defilement contrary to Section 891) as read with Section 892) of the Sexual Offences Act on 16th November 2023 and sentenced to serve life imprisonment.
2. He now seeks leave to appeal out of time. It is now nearly one year since he was convicted and he claims that his family promised to engage him an advocate to appeal the decision.
3. Those are the obvious reasons advanced by convicts who come before this court seeking leave to appeal out of time. The delay is inordinate.
4. Nonetheless, as no prejudice will be occasioned to the state and complainant if the convict is accorded an opportunity to ventilate his grievances on appeal, I hereby grant the convict Geoffrey Kibet Siele leave to appeal out of time from Winam SPM Sexual Offences Case No. E018 of 2023.
5. The appeal shall be filed within 14 days of today.
6. Signal to issue.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE