Daniel Oluoch Obudho v State [2020] KEHC 3318 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

MISCELLEANOUS CRIMINAL APPLICATION NO. 49 OF 2020

DANIEL OLUOCH OBUDHO ....................................APPLICANT

VERSUS

STATE.........................................................................RESPONDENT

(Being an application seeking sentence Review against sentence vide Bondo PM’s Court Criminal Case No. 33 of 2019)

RULING

1. I have considered the application by the applicant DANIEL OLUOCH OBUDHO, seeking leave to appeal out of time and the affidavit in support thereof.  The application explains reasons for the delay which I find plausible, that the applicant did not receive proceedings immediately after the judgment of the lower court.  The delay is explained and acceptable.  The application is allowed.

2. The applicant/convict is hereby granted leave of 14 days from today to file and serve a Petition of Appeal upon the Office of  the Director of Public Prosecutions.

3. In default, the leave granted shall lapse on the 14th day.

4. The Registry to notify Prisons authorities on behalf of the applicant/convict.

5. Orders herein to be extracted.

6. File closed.

7. Orders accordingly.

Dated, signed and delivered at Siaya this 1st day of September, 2020.

R. E. ABURILI

JUDGE