Ochieng v Republic (Miscellaneous Criminal Application E055 of 2024) [2024] KEHC 5021 (KLR) (9 May 2024) (Ruling) Neutral citation: [2024] KEHC 5021 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E055 OF 2024 RE ABURILI, J MAY 9, 2024 BETWEEN VINCENT ONYANGO OCHIENG ........................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original conviction and sentence in the Senior Principal Magistrate’s Court Sexual Offences Case No. E054 of 2024 at Winam) RULING 1. The Applicant Vincent Onyango Ochieng is a convict in Winam SPM Sexual Ofiences Case No. E054 of 2024. He was sentenced to serve 30 years imprisonment on an undisclosed date for the ofience of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act. 2. He seeks leave to appeal out of time. 3. Despite the omission in the date of conviction or sentence, the case being a 2024 case, the delay in filing the appeal is not inordinate. 4. I allow the application dated 23rd February 2024 and grant leave to the Applicant to file his Petition of Appeal out of time, to ventilate his grievance. 5. The appeal to be filed and served within 14 days of today. 6. Signal to issue. This file is closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/5021/eng@2024-05-09 1
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