Dennis Omondi Otieno v Republic [2020] KEHC 7049 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

MISC. CRIMINAL APPLICATION NO. 7 OF 2020

(CORAM: R. E. ABURILI - J.)

DENNIS OMONDI OTIENO….…………….…………………….APPLICANT

VERSUS

REPUBLIC………………………………………….…………... RESPONDENT

(Being an Application seeking leave to appeal out of time and sentence reduction against conviction and sentence vide PM’s court, Siaya vide Criminal Case No. 1002 of 2016)

RULING

1. The Application by the applicant for leave to appeal out of time is belatedly brought before the court.  The delay is inordinate from August 24th 2017.  The applicant does not give reasons why there was delay in filing of the appeal and now in his oral submissions he says he seeks for sentence reduction.

2. On account of extreme laches without explanation as all convicts file appeals from prison without paying court fees, I find this application an afterthought. In addition, the submission for sentence reduction is not merited.  I dismiss it.

3. File closed.

4. Orders accordingly.

Dated, signed and delivered at Siaya, this 3rd day of March, 2020.

R.E. ABURILI

JUDGE

In the presence of:

Applicant in person

Mr. Okachi, SPPC for State

Court Assistants: Ishmael Orwa and Modestar Mutiemani