Orimbo v Republic [2024] KEHC 11547 (KLR) | Leave To Appeal Out Of Time | Esheria

Orimbo v Republic [2024] KEHC 11547 (KLR)

Full Case Text

Orimbo v Republic (Miscellaneous Criminal Appeal E154 of 2024) [2024] KEHC 11547 (KLR) (26 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11547 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Appeal E154 of 2024

RE Aburili, J

September 26, 2024

Between

Kevin Otiya Orimbo

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Kisumu Chief Magistrate’s Court Criminal Case No. 3495 of 2014)

Ruling

1. The Applicant Kevin Otiya Orimbo applies for leave to appeal out of time from conviction and sentence in Kisumu CM Criminal Case No. 3495 of 2014 and that he never appealed in time because he never got proceedings and judgment in time.

2. It is now over ten years since inception of the case and he does not state when he was sentenced for the offence of defilement to serve 20 years’ imprisonment.

3. The application dated 12th July 2024 is mischievous and devoid of any substance.

4. It is dismissed and this file closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 26THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE