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JudgmentJOSEPH AMATABI KHAMETE VS The Republic1 min read

JOSEPH AMATABI KHAMETE VS The Republic

High Court at Kisumu High Court · · R. E. Aburili

1. The applicant claims in his application dated 14/10/2024 seeks leave of court to file appeal out of time from judgement and conviction in Winam SPM SO E037/2021 on 1/9/2022 where he was sentenced to serve 20 years imprisonment under Section 8(2) of the Sexual Offences Act. 

2. The section provides for mandatory life imprisonment upon conviction. The impugned sentence was below the statutory minimum.

3. There is no reason given in the 'affidavit' which is not sworn for the inordinate delay. This court is alive to the fact of some convicts who wait for a considerably long time to file appeals only for the appellate court to find that the lower court files are interfered with and even police files cannot be traced, all intended to defeat justice.

4. As there is no reason advanced for the inordinate delay from 1/9/2022 and as sentence imposed is below mandatory minimum, I find no merit in the application dated 14/10/2024 which is hereby dismissed.

5. Signal to issue.

6. File closed.

    JOSEPH AMATABI KHAMETE VS The Republic JOSEPH AMATABI KHAMETE VS The Republic