David Rodgers Omondi Okoth v Republic [2020] KEHC 680 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL APPEAL NO. 4 OF 2020

CORAM: HON. R.E. ABURILI J

DAVID RODGERS OMONDI OKOTH......APPELLANT

VERSUS

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

RULING

1. The Appeal is hereby summarily rejected as the particulars of the lower court file cannot be traced. The Appellant gave wrong particulars of case number and his name is not traceable in Siaya PM’s court records.

2. Furthermore, Siaya PM Cr. SO 22/2019 cited as the lower court file wherein he was charged and convicted of a sexual offence of defilement is against EAO and was withdrawn under Section 87(a) of the Criminal Procedure Code on 11/4/2019.

3. File closed.

Dated, signed and Delivered at Siaya this 14th Day of December 2020

R.E. ABURILI

JUDGE