Ouma v Republic [2025] KEHC 8153 (KLR)

Ouma v Republic (Criminal Miscellaneous Application E065 of 2025) [2025] KEHC 8153 (KLR) (5 June 2025) (Ruling)

Neutral citation: [2025] KEHC 8153 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Miscellaneous Application E065 of 2025

A Mabeya, J

June 5, 2025

Between

Bill Clinton Ayoo Ouma

Applicant

and

Republic

Respondent

Ruling

1. On 20/6/2022, the applicant was convicted of the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences ActHe was sentenced to 17 years’ imprisonment.

2. After 3 years, he has come to Court applying for leave to file an appeal out of time. Although there has been unreasonable and inordinate delay, the Court has considered that the applicant has been in custody throughout that period. He may not have been accorded facilities for legal representation.

3. Further, the sentence is severe and the State is not opposed to the extension of time sought.

4. In view thereof, I allow the application dated 28/4/2025. The applicant is granted leave to file a Petition of Appeal within 30 days of today.

5. This file is marked as closed.It is so ordered.

DATED AND DELIVERED AT KISUMU THIS 5TH DAY OF JUNE, 2025. A. MABEYA, FCI ArbJUDGE