[2024] KEHC 13812 (KLR)
The court found that the applicant failed to provide any proof or satisfactory explanation for the delay in filing the appeal out of time. The mere allegation that relatives promised to retain an advocate, without evidence, was insufficient. Consequently, the court was not satisfied with the reasons advanced and...
Source-derived case information.
- Citation
- [2024] KEHC 13812 (KLR)
- Parties
- Applicant: Kennedy Amongo Songa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E197 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- MS Shariff
- Legal Topics
- Leave to Appeal Out of Time, Defilement Offence, Sentence Appeal, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Amongo Songa
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 reasons for the delay in filing an appeal out of time.
- 2 Whether leave to appeal out of time should be granted.
Ratio Decidendi
The court found that the applicant failed to provide any proof or satisfactory explanation for the delay in filing the appeal out of time. The mere allegation that relatives promised to retain an advocate, without evidence, was insufficient. Consequently, the court was not satisfied with the reasons advanced and declined to grant leave to appeal out of time.
Court Disposition
application dismissed
Orders
- The application for leave to appeal out of time is declined.
- This file is marked as closed.
Full Case Text
Judgment text and source record
19 paragraphs
Songa v Republic (Miscellaneous Criminal Application E197 of 2024) [2024] KEHC 13812 (KLR) (7 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13812 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E197 of 2024
MS Shariff, J
November 7, 2024
Between
Kennedy Amongo Songa
Applicant
and
Republic
Respondent
Ruling
1. The applicant Kennedy Amongo Songa was charged, tried and convicted of the offence of defilement contrary to Section 3 of the Sexual Offences Act No. 3 of 2006 in Kisumu CM CR. Case No. E011 of 2021. He was then sentenced to serve a custodial term of 20 years on 22. 11. 2022. He has now moved this court vide a notice of motion dated 5. 9.2024, supported by his affidavit of even date wherein he craves leave to file an appeal out of time.
2. The germane of this application is that the appellant’s relatives who had initial promised to retain an advocate to lodge an appeal on his behalf failed to do so.
3. The applicant has not adduced any proof of any undertaking by any of his relatives to assist him as alleged. I am therefore not satisfied with the reasons for the delay and I thus decline this application.
4. This file is marked as closed.
DELIVERED, SIGNED AND DATE IN KISUMU THIS 7THDAY OF NOVEMBER, 2024. M. S. SHARIFFJUDGE