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Original judgment

George Auko Ong’ondo v Republic

Ong’ondo v Republic (Criminal Miscellaneous Application E204 of 2025) [2025] KEHC 18668 (KLR) (17 December 2025) (Ruling) Neutral citation: [2025] KEHC 18668 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL MISCELLANEOUS APPLICATION E204 OF 2025 A MABEYA, J DECEMBER 17, 2025 BETWEEN GEORGE AUKO ONG’ONDO ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. On 1/10/2025, the applicant was convicted of the ofience of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act. He was sentenced to 10 years’ imprisonment. 2. After a month, the applicant came to Court on 3/10/2025 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 3/10/2025. 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 17TH DAY OF DECEMBER, 2025. A. MABEYA, FCI Arb JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18668/eng@2025-12-17 1

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