Simiyu v Republic [2024] KEHC 11593 (KLR)

Simiyu v Republic (Miscellaneous Criminal Application E170 of 2024) [2024] KEHC 11593 (KLR) (26 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11593 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E170 of 2024

RE Aburili, J

September 26, 2024

Between

Isaac Zula Simiyu

Applicant

and

Republic

Respondent

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

Ruling

1. Isaac Zula Simiyu is a convict vide Kisumu CM Sexual Offences Case No. E016 of 2022 for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act.

2. He was sentenced to serve fifteen (15) years imprisonment, the sentence to start from date when he was placed in custody. This was on 29th July 2023.

3. He now applies for leave to appeal out of time vide application dated 21st May 2024.

4. I have considered the application. The sentenced imposed was below the 20 years’ Mandatory minimum under Section 8(3) of the Sexual Offences Act. There is no reason advanced for the delay of over one year since conviction, with no appeal on time yet the non-represented convicts are always filing appeals without paying court fees.

5. I find the delay of over 14 months to be inordinate and unexplained.

6. I decline to grant leave sought. The application dated May 21, 2024 is dismissed and this file is closed.

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