Ongera v Republic (Criminal Application E001 of 2020) [2022] KECA 749 (KLR) (27 May 2022) (Ruling) Neutral citation: [2022] KECA 749 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU CRIMINAL APPLICATION E001 OF 2020 PO KIAGE, J MAY 27, 2022 BETWEEN ALFRED BOGONGO ONGERA ............................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Application from a judgment of the High Court of Kenya at Nyamira (E. N. Maina, J.) delivered on 29th March, 2019 in HCCRA No. 42 of 2016) RULING 1. The applicant, Alfred Bogongo Ongera, who is serving a term of life in prison upon conviction under section 8(1) as read with 8(c) of the Sexual Offnces Act, prays for leave to le an appeal out of time against the judgment of the High Court of Kenya (E. N. Maina, J.) by which his rst appeal was dismissed on 29th March, 2019. He prays further that the notice of appeal already lodged be deemed as duly led. 2. On the face of the motion and in the supporting adavit and submissions led by his learned advocates Ms. Bruce Odeny & Company Advocates, the applicant indicates that following his sentence he was incarcerated and lost contact with his relatives who had promised to instruct an advocate but failed to do so. He nally was put in touch with his current counsel but by then time under the Rules for ling the notice of appeal had elapsed. He states that the delay was not deliberate. 3. The respondent by written submissions dated 19th July, 2021 under the hand of learned Prosecution Counsel Ligami Shitsama, is not averse to the grant of the application and urges that the applicant he be accorded the benet of doubt. 4. I have considered the application. it is erroneously indicated as brought under Rule 62 of the Court of Appeal Rules but I will deal with it under Rule 4 which is the applicable rule donating to me jurisdiction to extend time at my free and unfettered discretion. I think that the reasons proered are plausible and, https://new.kenyalaw.org/akn/ke/judgment/keca/2022/749/eng@2022-05-27 1
page 1 of 2
give the inhibitions faced by the applicant as a man under incarceration with ability to freely pursue legal redress severely curtailed, it is only fair and just that I should grant the time extension sought. 5. In the result, the application is allowed and the notice of appeal be and is hereby deemed as duly led. DATED AND DELIVERED AT KISUMU THIS 27TH DAY OF MAY, 2022 P. O. KIAGE ............................. JUDGE OF APPEAL I certify that this is a true copy of the original. Signed DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/keca/2022/749/eng@2022-05-27 2
page 2 of 2