Opel v Republic [2024] KEHC 5029 (KLR)

Opel v Republic (Miscellaneous Criminal Application E053 of 2024) [2024] KEHC 5029 (KLR) (9 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5029 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E053 of 2024

RE Aburili, J

May 9, 2024

Between

Collins Mwalo Opel

Applicant

and

Republic

Respondent

(From the original conviction and sentence in the Senior Principal Magistrate’s Court Sexual Offences Case No. E003 of 2019 at Winam)

Ruling

1. The Applicant Collins Mwalo Opel is a convict in Winam SPM Sexual Offences Case No. E003 of 2019 where he was sentenced to serve 50 years’ imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.

2. He seeks leave to appeal out of time from 7th October 2022 date of conviction. There is inordinate delay with no explanation. He is however self-represented and therefore despite the delay, justice can still be served. I grant leave to the Applicant Collins Mwalo Opel to appeal out of time.

3. The appeal to be filed and served within 14 days of today.

4. Signal to issue. File is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE