Hamsa v Republic [2022] KEHC 13899 (KLR)

Hamsa v Republic (Miscellaneous Criminal Application E086 of 2022) [2022] KEHC 13899 (KLR) (11 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13899 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E086 of 2022

RE Aburili, J

October 11, 2022

Between

Muslim Odemba Hamsa

Applicant

and

Republic

Respondent

(Being an Application for leave to file appeal out of time from Judgment, conviction and sentence in the Principal Magistrate’s court at Bondo in Sexual offence Case No. 41/2020 by Hon. S.W. Mathenge Resident Magistrate on 21. 2.2022 AND in Siaya HCRA No. E008 of 2022 on 9. 3.2022)

Ruling

1. The applicant is Muslim Odemba Hamsa. He applies for leave to appeal out of time from the judgment, conviction and sentence passed in Bondo PM Sexual Offence Case No. 41/2020, where he was sentenced on 28/2/2022 to serve life imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offence Act.

2. He appealed to this court vide HCRA E008/2022 on 9/3/2022 and this court immediately called for the lower court record and on 27/5/2022 the appeal was admitted to hearing and the appellant was directed to file and serve a complete record of appeal upon the Respondent. He was ably represented by an advocate.

3. The matter was slated for mention for directions on 27/6/2022 by which time, the orders of 27/6/2022 made one month earlier had not been complied with hence this court dismissed the appeal for non-compliance with court directions and closed the file. No application to set aside those orders has been received and or considered by this court.

4. The applicant now wants leave to appeal out of time from the decision of the trial court.

5. I find this application misguided and mischievous. It is hereby dismissed.

6. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE