Odenya v Republic [2024] KEHC 10260 (KLR)

Odenya v Republic (Criminal Application E096 of 2024) [2024] KEHC 10260 (KLR) (19 August 2024) (Ruling)

Neutral citation: [2024] KEHC 10260 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Application E096 of 2024

RE Aburili, J

August 19, 2024

Between

Richard Ouko Odenya

Applicant

and

Republic

Respondent

Ruling

1. The applicant was convicted and sentenced to serve 20 years imprisonment vide Winam SPM SO Case No. E076 of 2021 on 25th October, 2023 for the offence of defilement under section 8(3) of the Sexual Offences Act.

2. He now prays for leave to appeal out of time on account that his appeal has chances of success and that the delay was due to lack of an advocate and not receiving proceedings in time .

3. I have considered the application. there is delay but justice will still be served if the applicant is granted leave to file his appeal out of time as he was self-represented.

4. I allow the application dated 22nd May, 2024 filed on 19/6/2024. The intended appeal to be filed and served within 14 days of today, citing this order for leave as granted.

5. Signal to issue.

6. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE