Sirongo v Republic [2024] KEHC 16150 (KLR)

Sirongo v Republic (Miscellaneous Criminal Application E229 of 2024) [2024] KEHC 16150 (KLR) (17 December 2024) (Ruling)

Neutral citation: [2024] KEHC 16150 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E229 of 2024

RE Aburili, J

December 17, 2024

Between

Edga Mwambuki Sirongo

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Kisumu Chief Magistrate’s Court Sexual Offences Case No. E028 of 2021)

Ruling

1. The convict Edga Mwambuki Sirongo was convicted and sentenced to serve 25 years’ imprisonment on 8th January 2024 for the offence of defilement contrary to Section 8(1) & (2) of the Sexual Offences Act vide Kisumu Chief Magistrate Sexual Offences No. E028 of 2021.

2. He now seeks leave to appeal out of time as he did not know that he had 14 days to appeal against the conviction and sentence.

3. There is delay which is not inordinate considering that the convict is self-represented. I exercise discretion and grant him leave to file his petition of appeal within 14 days of  date of service of this order. The application dated 6th November 2024 is allowed.

4. Signal to issue. File closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF DECEMBER, 2024R. E. ABURILIJUDGE