Ngesa v Republic [2023] KEHC 25635 (KLR)

Ngesa v Republic (Miscellaneous Criminal Application E071 of 2023) [2023] KEHC 25635 (KLR) (17 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25635 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E071 of 2023

RE Aburili, J

November 17, 2023

Between

Kevin Ouma Ngesa

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. 76 of 2018 at Maseno)

Ruling

1. The Applicant Kevin Ouma Ngesa by his application which was dated 21st August 2023 but only filed in court on 17th November 2023 seeks orders for leave to file an appeal out of time from Maseno SPM Sexual Offences Case No. 76 of 2018.

2. He claims that he was convicted on 7th August 2023 of the offence of indecent act contrary to Section 20(1) of the Sexual Offences Act and that he waited for his family to file for him an appeal through an advocate in vain and that the sentence is ambiguous. Further that he did not get court proceedings hence the delay.

3. I have considered the application though not supported by a sworn affidavit, the applicant is in person and the delay is not inordinate as the application is dated 21st August 2023 and it is not clear why the prisons authorities only lodged it in court on 17th November 2023.

4. In the premises, I allow the application for leave to appeal out of time and order that the applicant files his appeal within fourteen (14) days of today.

5. This file is closed.

6. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE