Lumumba v Republic [2022] KEHC 14584 (KLR)

Lumumba v Republic (Miscellaneous Criminal Application E012 of 2022) [2022] KEHC 14584 (KLR) (27 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14584 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E012 of 2022

RE Aburili, J

October 27, 2022

Between

Samuel Mudavadi Lumumba

Applicant

and

Republic

Respondent

((Application for leave of court to appeal against sentence in Kisumu CM Sexual Offence case No. 1 of 2019))

Ruling

1. The applicant is Samuel Mudavadi Lumumba. He is a convict in Kisumu CM Sexual OfFence case No 1/2019 for the offence of defilement contrary to section 8 (1) as read with section 8(3) of the Sexual Offences Act.

2. He was sentenced to serve 20 years imprisonment on 25/6/2019. On 25/1/2022 he filed this application seeking for leave to appeal out of time saying he delayed to file an appeal because he had no advocate and his family is poor.

3. The delay in filing the appeal is inordinate. However, I exercise discretion and grant the applicant leave to file an appeal out of time, if no such appeal was filed, within 14 days of today in default, this leave granted shall lapse.

4. I so order.

5. This file is hereby closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 27THDAY OF OCTOBER, 2022. R.E. ABURILIJUDGE