Onginjo v Republic (Criminal Application E115 of 2024) [2025] KECA 2326 (KLR) (19 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2326
- Citation
- [2025] KECA 2326 (KLR)
- Decided
- 19 December 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureApplication for leave to file appeal out of timeCoramHA OMONDI
Holding
The application is dismissed as unmerited due to the applicant's lack of information and the court's inability to make a rational decision.
Facts
The applicant was convicted in the Magistrate's Court at Bondo for delement contrary to section 8(1) of the Sexual Offences Act and sentenced to 15 years imprisonment. He appealed to the High Court but the appeal was dismissed. He now seeks leave to file and serve the Notice of Appeal out of time.
Issues
- Whether the applicant's application for leave to file appeal out of time should be granted
- Whether the applicant's delay in filing the appeal was due to financial constraints and family members' inability to secure an advocate
Reasoning
The court exercised its unfettered discretion under rule 4 of the Court of Appeal Rules, but the applicant's lack of information and the absence of relevant documents made it impossible to make a rational decision.
Outcome
Application dismissed
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…