[2024] KEHC 11593 (KLR)
The court found that the applicant failed to provide any explanation for the inordinate delay of over 14 months in seeking leave to appeal out of time. The absence of any reason for the delay, especially when non-represented convicts routinely file appeals without delay, led the court to conclude that there was no...
Source-derived case information.
- Citation
- [2024] KEHC 11593 (KLR)
- Parties
- Applicant: Isaac Zula Simiyu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E170 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
- Defilement Offence, Sexual Offences Act, Leave to Appeal Out of Time, Sentence Minimums
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Zula Simiyu
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 provided sufficient reason for the delay in filing an appeal out of time.
- 2 Whether leave to appeal out of time should be granted in light of the unexplained delay.
Ratio Decidendi
The court found that the applicant failed to provide any explanation for the inordinate delay of over 14 months in seeking leave to appeal out of time. The absence of any reason for the delay, especially when non-represented convicts routinely file appeals without delay, led the court to conclude that there was no sufficient cause to exercise its discretion in favour of the applicant. Consequently, the application for leave to appeal out of time was dismissed.
Court Disposition
application dismissed
Orders
- The application dated May 21, 2024 for leave to appeal out of time is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Simiyu v Republic (Miscellaneous Criminal Application E170 of 2024) [2024] KEHC 11593 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11593 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E170 of 2024
RE Aburili, J
September 26, 2024
Between
Isaac Zula Simiyu
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu Chief Magistrate’s Court Criminal Sexual Offences Case No. E016 of 2022)
Ruling
1. Isaac Zula Simiyu is a convict vide Kisumu CM Sexual Offences Case No. E016 of 2022 for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act.
2. He was sentenced to serve fifteen (15) years imprisonment, the sentence to start from date when he was placed in custody. This was on 29th July 2023.
3. He now applies for leave to appeal out of time vide application dated 21st May 2024.
4. I have considered the application. The sentenced imposed was below the 20 years’ Mandatory minimum under Section 8(3) of the Sexual Offences Act. There is no reason advanced for the delay of over one year since conviction, with no appeal on time yet the non-represented convicts are always filing appeals without paying court fees.
5. I find the delay of over 14 months to be inordinate and unexplained.
6. I decline to grant leave sought. The application dated May 21, 2024 is dismissed and this file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE