[2024] KEHC 16150 (KLR)
The court found that the applicant, having been convicted and sentenced to 25 years’ imprisonment for defilement, sought leave to appeal out of time on the basis that he was unaware of the statutory 14-day appeal period. The court considered that the delay was not inordinate, especially given the applicant's...
Source-derived case information.
- Citation
- [2024] KEHC 16150 (KLR)
- Parties
- Applicant: Edga Mwambuki Sirongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E229 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, Sentencing, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edga Mwambuki Sirongo
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.
- 2 Whether the delay in filing the appeal was inordinate.
Ratio Decidendi
The court found that the applicant, having been convicted and sentenced to 25 years’ imprisonment for defilement, sought leave to appeal out of time on the basis that he was unaware of the statutory 14-day appeal period. The court considered that the delay was not inordinate, especially given the applicant's self-represented status. Exercising its discretion under Section 349 of the Criminal Procedure Code, the court allowed the application and granted the applicant 14 days from the date of service of the order to file his petition of appeal.
Court Disposition
Application allowed. Leave to appeal out of time granted.
Orders
- The applicant is granted leave to file his petition of appeal within 14 days of service of this order.
- The application dated 6th November 2024 is allowed.
Full Case Text
Judgment text and source record
20 paragraphs
Sirongo v Republic (Miscellaneous Criminal Application E229 of 2024) [2024] KEHC 16150 (KLR) (17 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16150 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E229 of 2024
RE Aburili, J
December 17, 2024
Between
Edga Mwambuki Sirongo
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu Chief Magistrate’s Court Sexual Offences Case No. E028 of 2021)
Ruling
1. The convict Edga Mwambuki Sirongo was convicted and sentenced to serve 25 years’ imprisonment on 8th January 2024 for the offence of defilement contrary to Section 8(1) & (2) of the Sexual Offences Act vide Kisumu Chief Magistrate Sexual Offences No. E028 of 2021.
2. He now seeks leave to appeal out of time as he did not know that he had 14 days to appeal against the conviction and sentence.
3. There is delay which is not inordinate considering that the convict is self-represented. I exercise discretion and grant him leave to file his petition of appeal within 14 days of date of service of this order. The application dated 6th November 2024 is allowed.
4. Signal to issue. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF DECEMBER, 2024R. E. ABURILIJUDGE