Daniel Owino Omondi alias Israel v Republic [2020] KEHC 4165 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

MISC. CRIMINAL APPLICATION NO. 17 OF 2020

DANIEL OWINO OMONDI ALIAS ISRAEL.................APPLICANT

VERSUS

REPUBLIC.......................................................................RESPONDENT

(Being an Application under Rule 113 of the Court of Appeal Rules, 2010) (An Application against Judgment of the High Court of Kenya at Siaya in Criminal Case No. 12 of 2019 dated 8th December 2018 before Hon. Justice J.A. Makau - J.)

RULING

1. The judgment sought to be challenged was delivered on 8/12/2017 which is over 2½ years.

2. There is no reason for such inordinate delay.  The applicant is guilty of unexplained laches.

3. The application is dismissed.

4. Filed closed.

Orders accordingly.

Dated, signed and Delivered at Siaya this 13th Day of July, 2020

R.E. ABURILI

JUDGE