Mwambich v Republic [2024] KEHC 5702 (KLR)

Mwambich v Republic (Miscellaneous Criminal Application E070 of 2024) [2024] KEHC 5702 (KLR) (21 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5702 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E070 of 2024

RE Aburili, J

May 21, 2024

Between

Humphrey Mwambich

Applicant

and

Republic

Respondent

(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Case No. 460 of 2023 at Winam)

Ruling

1. I have considered the application dated 6th May 2024 by the Applicant Convict Humphrey Mwambich seeking leave to appeal out of time.

2. The Applicant claims that he was convicted on 15th April 2024 and sentenced to serve 15 years imprisonment for the offence of Robbery with violence contrary to Section 296 (2) of the Penal Code vide Winam SPM Criminal Case No. E460 of 2023.

3. The delay is not inordinate. I grant leave to the applicant to file an appeal out of time from Winam SPM Criminal Case No. E460 of 2023.

4. The appeal shall be filed within 14 days of today.

5. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 21ST DAY OF MAY, 2024R. E. ABURILIJUDGE