Sawe v Republic [2025] KEHC 9045 (KLR)

Sawe v Republic (Miscellaneous Criminal Case E095 of 2024) [2025] KEHC 9045 (KLR) (27 June 2025) (Ruling)

Neutral citation: [2025] KEHC 9045 (KLR)

Republic of Kenya

In the High Court at Eldoret

Miscellaneous Criminal Case E095 of 2024

RN Nyakundi, J

June 27, 2025

Between

Peter Kipketer Sawe

Applicant

and

Republic

Respondent

Ruling

1. The applicant has approached this court seeking leave to appeal out of time and be supplied with a copy of the court proceedings for purposing of instituting an appeal. In support of the application, the applicant swore a supporting affidavit in which he deposed as follows:a.That I am a male Kenyan adult of sound mind and the appellant herein and as such conversant with the facts of the case and therefore competent to swear this affidavitb.That I was charged with the offence of defilement c/sec 8(1) as read with section (3) of the Sexual Offence Act no. 3 o 2006, and sentenced to 20 years’ imprisonmentc.That I was not supplied with court proceedings record leading to my appeal out of timed.That due to my earlier intention to appeal, I beg leave of this honorable court for an extension time to appeale.That I pray to be supplied with a copy of the court proceedings and its judgementf.That further grounds shall be adduced at the hearing of this appealg.That I wish to be present during the hearing and determination of this appeal out of timeh.That what I have deponed herein is true to the best of my knowledge and belief

Decision 2. Notably the applicant is seeking to be supplied with the typed record and judgement in criminal case No. 49 of 2019. This being one of the fair trial rights under Art. 50 of the constitution, the Deputy Registrar of the High court is hereby directed to ensure that within 21 days the applicant has received the case docket file to prepare for his appeal

3. Orders accordingly

SIGNED, DATE AND DELIVERED AT ELDORET THIS 27THDAY OF JUNE 2025…………………….……………..R. NYAKUNDI