Simiyu v Republic [2023] KEHC 25631 (KLR)

Simiyu v Republic (Criminal Appeal E043 of 2023) [2023] KEHC 25631 (KLR) (17 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25631 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Appeal E043 of 2023

RE Aburili, J

November 17, 2023

Between

Isaac Zula Simiyu

Appellant

and

Republic

Respondent

(From the original conviction and sentence in Chief Magistrate’s Court Criminal Sexual Offences Case No. E016 of 2022 at Kisumu)

Ruling

1. The appeal is summarily rejected and struck out on the grounds that the sentence was passed on 24th July 2023 following the conviction of the appellant on 13th July 2023 but the appeal was filed in court on 22nd August 2023 which was outside of the fourteen (14) days period for lodging appeals, without first seeking and obtaining leave of court.

2. This file is closed.

3. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE