[2023] KEHC 3161 (KLR)
The court found that although there was a delay of over four months in filing the appeal, the delay was not inordinate and was satisfactorily explained by the applicant, who is a self-represented inmate. The applicant claimed to have filed the appeal through prison authorities within time, but the appeal was not...
Source-derived case information.
- Citation
- [2023] KEHC 3161 (KLR)
- Parties
- Applicant: Kennedy Ouko Were; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E132 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application for leave to appeal out of time allowed.
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Conviction and Sentence, Delay in Filing Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Ouko Were
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 file an appeal out of time against conviction and sentence.
- 2 Whether the delay in filing the appeal is inordinate or excusable.
Ratio Decidendi
The court found that although there was a delay of over four months in filing the appeal, the delay was not inordinate and was satisfactorily explained by the applicant, who is a self-represented inmate. The applicant claimed to have filed the appeal through prison authorities within time, but the appeal was not traced, and the authorities could not account for it. In the interests of justice, and considering the applicant's circumstances, the court exercised its discretion to allow the application for leave to file an appeal out of time against the conviction and sentence in Winam SPM Criminal Case No. E155 of 2021. The court ordered that the appeal be filed and served upon the...
Court Disposition
Application for leave to appeal out of time allowed.
Orders
- Leave granted to the applicant to file an appeal out of time from the proceedings, judgment, conviction, and sentence in Winam SPM Criminal Case No. E155 of 2021.
- The appeal to be filed and served upon the prosecution within fourteen (14) days of the date of the ruling.
Full Case Text
Judgment text and source record
21 paragraphs
Were v Republic (Miscellaneous Criminal Application E132 of 2022) [2023] KEHC 3161 (KLR) (12 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3161 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E132 of 2022
RE Aburili, J
April 12, 2023
Between
Kennedy Ouko Were
Applicant
and
Republic
Respondent
Ruling
1. Vide an application filed on 20th December 2022, the Convict herein Kennedy Ouko Were seeks orders that he be granted leave to file an appeal out of time from the conviction and sentence by Hon. C. N. Oruo SRM, Winam Law Courts in Criminal Case No E155 of 2021 wherein he was convicted and sentenced to serve seven (7) years and three (3) years consecutive sentences.
2. He claims that he filed an appeal through prisons authorities within time but he does not know what happened to it as the prisons authorities could not explain where it is.
3. The Applicant/Convict claims that he was sentenced on 11th November 2022. There is a delay of over four (4) months. The delay, however, is not inordinate and justice can still be done despite the delay which is explained to the satisfaction of this court by an inmate who is self reprented. I allow the application for leave to file an appeal out of time from the proceedings, judgement, conviction and sentence in Winam SPM Criminal Case No. E155 of 2021. The Appeal to be filed and served upon the prosecution within fourteen (14) days of the date hereof.
4. This order to be served upon the applicant through prisons authorities.
5. This file is now closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF APRIL, 2023R. E. ABURILIJUDGE