Kennedy Otieno Mien v Republic [2021] KEHC 1563 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

MISC. CRIMINAL APPLICATION NO. E114 OF 2021

CORAM: R.E. ABURILI, J

KENNEDY OTIENO MIEN..............................................................APPLICANT

VERSUS

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

(An Application arising from conviction and sentence of the High Court at Siaya in Cr. Case No. 29 of 2015)

RULING

1.  This matter I related to Misc. Criminal Application No. E115/2021 as they both originate from the HCR 29/2015.

2.  I observe that unlike the applicant in Misc. Criminal Application E115/2021, this applicant was released on bail pending trial on 19/12/2014 and one William Okothe Omito was his surety whose security was discharged and released vide order of 11/7/2018.

3.  Therefore the applicant herein is playing mischief to unjustly benefit from the provisions of Section 333(2) of the Criminal Procedure Code.

4.  For the above reasons, I find this application mischievous and abuse of court process. It is hereby dismissed. File closed.

5.  Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF NOVEMBER, 2021

R.E. ABURILI

JUDGE