[2025] KEHC 6330 (KLR)
The court found that although there was unreasonable and inordinate delay in seeking leave to appeal, the applicant had been in custody throughout and may not have had access to legal representation or facilities to file the appeal in time. The severity of the sentence and the lack of opposition from the State...
Source-derived case information.
- Citation
- [2025] KEHC 6330 (KLR)
- Parties
- Applicant: Kennedy Amongo Songa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Judgment Date
- 21 May 2025
- Case Number
- Criminal Miscellaneous Application E243 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application allowed
- Judges
- A Mabeya
- Legal Topics
- Extension of Time, Leave to Appeal, Defilement Offence, Sentencing, Custodial Rights
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Amongo Songa
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time.
- 2 Whether the delay in filing the appeal was unreasonable and if it can be excused.
- 3 Whether the applicant's custodial status and lack of legal representation justify extension of time.
Ratio Decidendi
The court found that although there was unreasonable and inordinate delay in seeking leave to appeal, the applicant had been in custody throughout and may not have had access to legal representation or facilities to file the appeal in time. The severity of the sentence and the lack of opposition from the State further justified the exercise of judicial discretion in the applicant's favour. Accordingly, the court granted leave to file the appeal out of time, directing that the petition of appeal be filed within 30 days.
Court Disposition
application allowed
Orders
- The applicant is granted leave to file a Petition of Appeal within 30 days of the ruling date.
- The file is marked as closed.
Full Case Text
Judgment text and source record
20 paragraphs
Songa v Republic (Criminal Miscellaneous Application E243 of 2024) [2025] KEHC 6330 (KLR) (21 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6330 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Miscellaneous Application E243 of 2024
A Mabeya, J
May 21, 2025
Between
Kennedy Amongo Songa
Applicant
and
Republic
Respondent
Ruling
1. On 22/11/2022, the applicant was convicted of the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act. He was sentenced to 20 years’ imprisonment.
2. After 2 years, he has come to court applying for leave to file an appeal out of time. Although there has been unreasonable and inordinate delay, the Court has considered that the applicant has been in custody throughout that period. He may not have been accorded facilities for legal representation.
3. Further, the sentence is severe and the State is not opposed to the extension of time sought.
4. In view thereof, I allow the application dated 5/9/2024. The applicant is granted leave to file a Petition of Appeal within 30 days of today.
5. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 21ST DAY OF MAY, 2025. A. MABEYA, FCI ArbJUDGE