Songa v Republic [2024] KEHC 13812 (KLR)

Songa v Republic (Miscellaneous Criminal Application E197 of 2024) [2024] KEHC 13812 (KLR) (7 November 2024) (Ruling)

Neutral citation: [2024] KEHC 13812 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E197 of 2024

MS Shariff, J

November 7, 2024

Between

Kennedy Amongo Songa

Applicant

and

Republic

Respondent

Ruling

1. The applicant Kennedy Amongo Songa was charged, tried and convicted of the offence of defilement contrary to Section 3 of the Sexual Offences Act No. 3 of 2006 in Kisumu CM CR. Case No. E011 of 2021. He was then sentenced to serve a custodial term of 20 years on 22. 11. 2022. He has now moved this court vide a notice of motion dated 5. 9.2024, supported by his affidavit of even date wherein he craves leave to file an appeal out of time.

2. The germane of this application is that the appellant’s relatives who had initial promised to retain an advocate to lodge an appeal on his behalf failed to do so.

3. The applicant has not adduced any proof of any undertaking by any of his relatives to assist him as alleged. I am therefore not satisfied with the reasons for the delay and I thus decline this application.

4. This file is marked as closed.

DELIVERED, SIGNED AND DATE IN KISUMU THIS 7THDAY OF NOVEMBER, 2024. M. S. SHARIFFJUDGE