Mirende v Republic [2024] KEHC 11574 (KLR)

Mirende v Republic (Miscellaneous Criminal Application E167 of 2024) [2024] KEHC 11574 (KLR) (26 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11574 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E167 of 2024

RE Aburili, J

September 26, 2024

Between

John Ouma Mirende

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Tamu Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E013 of 2023)

Ruling

1. The Convict John Ouma Mirende was sentenced to serve twenty (20) years imprisonment on 7th December 2024 vide Tamu SPM Sexual Offences Case No. E013 of 2023.

2. He now seeks leave to appeal out of time, vide his application dated 31st July 2024. He faced the charge of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act.

3. He does not explain the reasons for the delay in filing the appeal, upon being sentenced.

4. I find the application to be devoid of any merit and dismiss it.

5. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE