Kennedy Otieno Olweny v State [2020] KEHC 3305 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

MISCELLEANOUS CRIMINAL APPLICATION NO. 53 OF 2020

KENNEDY OTIENO OLWENY......................... APPLICANT

VERSUS

STATE............................................................... RESPONDENT

(Being an application seeking sentence Review from Bondo PM’s Court Criminal Case No. 624 of 2014)

RULING

1. I have considered the application by the applicant/ Convict KENNEDY OTIENO LWENY.  His earlier application was dismissed because it was erroneously brought under Rule 113 of the Court of Appeal Rules.

2. The present application seeks leave to appeal out of time, from the judgment of the Lower Court on sentence alone.

3. I grant the applicant leave to appeal out of time.  The appeal to be filed within 14 days of today.  In default, the order lapses.

4. The Registry to notify the Prisons authorities.

5. Order to be extracted.

6. File closed.

Orders accordingly.

Dated, signed and delivered at Siaya this 1st day of September, 2020

R. E. ABURILI

JUDGE