Fredrick Otieno Onyango v Republic [2022] KEHC 2710 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. E013 OF 2022

CORAM: HON. R.E. ABURILI, J

FREDRICK OTIENO ONYANGO.............................................................................APPLICANT

VERSUS

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

(An Application arising from conviction and sentence of the High Court at Siayain

CriminalAppeal No. 6 of 2015 AND Ukwala PM’s Court, Criminal Case 349/2014

byHon. R.M. Oanda, Ag. PM delivered on 17/12/2014)

RULING

1.  I have considered the application filed on 20/1/2022 seeking leave to appeal out of time from HCRA 6/2015. I note that the judgment sought to be appealed against was delivered on 29/10/2015 by Makau J dismissing the appeal.

2.  The Applicant herein filed a similar application on 10/6/2016 which application was filed at Kisumu High Court. He does not disclose the fate of that application.

3.  The application herein is devoid of merit and the Applicant is guilty of laches.

4.  The same is hereby dismissed and this file is closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY 2022

R.E. ABURILI

JUDGE