Nyongesa v Republic (Miscellaneous Criminal Application E006 of 2025) [2025] KEHC 17732 (KLR) (13 October 2025) (Ruling) Neutral citation: [2025] KEHC 17732 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA MISCELLANEOUS CRIMINAL APPLICATION E006 OF 2025 MS SHARIFF, J OCTOBER 13, 2025 BETWEEN BONFACE WAMALWA NYONGESA .................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant Bonface Wamalwa Nyongesa was charged, tried and convicted of the ofience of gang defilement contrary to the provisions of Section 10 of the Sexual offences Act No. 3 of 2006. He was then sentenced to serve 15 years imprisonment less 3 years that he had been in custody during trial. 2. The Applicant has moved this court, craving for leave to lodge an appeal out of time on grounds that he had not been able to obtain certified copies of the proceedings and Judgement in good time hence the delay. 3. I have considered the application herein and the affidavit in support thereof and I do find that the same is well merited wherefore I allow it and I make the following orders. 4. The Applicant is hereby granted leave to file an appeal against the Judgement delivered on 29.11.2024 in Bungoma CM CR C (O.S) 1/2022, within 14 days from the date hereof. 5. This file is hereby marked as closed. DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 13TH DAY OF OCTOBER, 2025 MWANAISHA S. SHARIFF JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17732/eng@2025-10-13 1
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