Wayoga v Republic [2023] KEHC 23867 (KLR) | Leave To Appeal Out Of Time | Esheria

Wayoga v Republic [2023] KEHC 23867 (KLR)

Full Case Text

Wayoga v Republic (Miscellaneous Criminal Application E037 of 2023) [2023] KEHC 23867 (KLR) (6 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23867 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E037 of 2023

RE Aburili, J

October 6, 2023

Between

Vincent Ouma Wayoga

Applicant

and

Republic

Respondent

Ruling

1. The application dated August 1, 2023 was filed during the recess on August 9, 2023. The Applicant Vincent Ouma Wayoga seeks leave of this court to file an appeal out of time from judgment, conviction and sentence in Winam Senior Principal Magistrate Criminal Case No 998 of 2021 wherein he was convicted on two counts of Robbery with violence and assault causing actual bodily harm on May 19, 2023 by Hon Oruo CNC, Principal Magistrate and he was sentenced to serve ten (10) years imprisonment to run from November 22, 2021 when the accused was remanded in custody.

2. The convict did not file an appeal within the 14 days stipulated in law. He filed this application on August 9, 2023 stating that the proceedings and Judgment were not availed to him in good time and indeed I can see from the certification thereof that the trial magistrate was transferred to Rongo Law Courts from where he delivered the judgment and certified the proceedings on June 5, 2023.

3. The explanation for the delay is therefore plausible and as the delay is not inordinate, and to allow the convict exercise his right of appeal as no prejudice will be occasioned to any person if leave to extend time for filing of appeal is granted, I hereby allow the application dated August 1, 2023 and grant the Applicant herein Vincent Ouma Wayoga leave extending time for filing of the appeal from Winam Senior Principal Magistrate Criminal Case No 998 of 2021 out of time.

4. The appeal shall be filed and served upon the ODPP within 10 days of today.

5. Registry to notify the applicant’s counsel.

6. This file is closed.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE