Ajwang v Republic [2024] KEHC 556 (KLR)

Ajwang v Republic (Miscellaneous Criminal Application E001 of 2024) [2024] KEHC 556 (KLR) (26 January 2024) (Ruling)

Neutral citation: [2024] KEHC 556 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E001 of 2024

RE Aburili, J

January 26, 2024

Between

Joseph Ochieng Ajwang

Applicant

and

Republic

Respondent

(Arising from the original conviction and sentence in Senior Principal Magistrate Court Criminal Sexual Offences Case No. E035 of 2022 at Wina)

Ruling

1. The Applicant Joseph Ochieng Ajwang is a convict in Winam Senior Principal Magistrate Sexual Offences Case No. E035 of 2022.

2. He seeks leave to appeal out of time on the ground that he filed his appeal No. 051 of 2023 which was not registered in good time. He does not state when he lodged the appeal.

3. However, the Applicant was sentenced to serve twenty (20) years imprisonment and noting that he is acting in person, I exercise discretion and grant him leave to file an appeal from Winam SPM Sexual Offences Case No. E035 of 2022 out of time. The Petition of Appeal to be filed within 14 days of today.

4. Signal to issue. This file is closed. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JANUARY, 2024R. E. ABURILI..............................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR