Opiyo v Republic [2024] KEHC 10057 (KLR)

Opiyo v Republic (Criminal Application E102 of 2024) [2024] KEHC 10057 (KLR) (14 August 2024) (Ruling)

Neutral citation: [2024] KEHC 10057 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Application E102 of 2024

RE Aburili, J

August 14, 2024

Between

Nelson George Ochieng Opiyo

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Kisumu CM SO Case NO.E001 of 2022 of 2022)

Ruling

1. On 23/7/2024, the applicant was granted leave to file an appeal out of time from the judgment, conviction and sentence in Kisumu CM SO Case No. E001 of 2022 wherein he was charged with the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual offences Act and sentenced to serve twenty years imprisonment on 14. 8.2023

2. . The applicant was to file an appeal within seven days of the date of the order. The matter was then scheduled for mention on 1/8/2024 to confirm compliance.

3. On the latter date, nothing transpired. Regrettably, the registry intimates that the prisons authorities were never served or notified of the order for leave to appeal as issued by the court and therefore what that means is that the timelines were given in vain as they lapsed without the applicant getting the orders for compliance in time. The registry has given a further mention date being 16/10/2024.

4. That being the case, and in the interest of justice, I hereby review the order on timelines given in the order for leave to appeal out of time which has lapsed and enlarge the same by a further seven days from date of service of the order herein upon the applicant in prison.

5. Signal to issue forthwith.

6. As the appeal shall be filed in a different separate file, the mention dates are recalled and this file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE