Guya v Republic [2022] KEHC 13543 (KLR)

Guya v Republic (Miscellaneous Criminal Application E120 of 2022) [2022] KEHC 13543 (KLR) (5 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13543 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E120 of 2022

RE Aburili, J

October 5, 2022

Between

Andrew Otieno Guya

Applicant

and

Republic

Respondent

(Being an Application to file an appeal out of time from the Judgment, conviction and sentence in Siaya High Court Criminal Case No. E018 of 2021 delivered on 30. 11. 2021)

Ruling

1. I have perused the application for leave to appeal out of time dated September 12, 2022 by Andrew Otieno Guya. The sentence sought to be challenged was rendered on November 30, 2021, nearly one year ago, in HCR E018/2021, wherein he was convicted on his own plea of guilty through plea bargain in a murder case which charge was reduced to manslaughter contrary to section 202 as read with section 205 of the Penal Code.

2. The applicant has not sworn any affidavit explaining the delay which this court finds inordinate.

3. I decline to grant the leave sought and dismiss the application.

4. I so order.

5. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE