George Onyango Odhiambo v Republic [2022] KEHC 2715 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

MISC. CRIMINAL APPLICATION NO. E001 OF 2022

CORAM: HON. R.E. ABURILI, J

GEORGE ONYANGO ODHIAMBO.......APPLICANT

VERSUS

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

(Being an Application arising from conviction and sentence of the Principal Magistrate’s

Court at Siaya in Criminal Case No. 74 of 2013)

RULING

1.  The applicant was convicted and sentenced to serve life imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act. This was on 10. 1.2014.

2.  He does not say whether he appealed or not and he is now seeking leave to appeal out of time against sentence.

3.  I find the applicant guilty of laches as he has not explained why he never filed an appeal from 2014 to date.

4.  I find this application filed after 8 years is an afterthought. It is devoid of merit. I dismiss it.

5.  File closed.

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

R.E. ABURILI

JUDGE