Lutta v Republic [2022] KEHC 13533 (KLR)

Lutta v Republic (Miscellaneous Criminal Application E119 of 2022) [2022] KEHC 13533 (KLR) (5 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13533 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E119 of 2022

RE Aburili, J

October 5, 2022

Between

Joel Ogolla Lutta

Applicant

and

Republic

Respondent

(Being an Application for leave to file an appeal out of time from the Judgment, conviction and sentence in Siaya High Court Criminal. Case No. 18 of 2019 on 31. 3.2021)

Ruling

1. On April 21, 2021, this court convicted the applicant herein Joel Ogolla Lutta alias Daddy for the offence of Murder contrary to section 203 as read with section 204 of the Penal Code to serve 35 years imprisonment in HCR 18/2019.

2. By that date, the judgment and all proceedings except proceedings for that day were fully typed as per the policy practice of this court, and certified on the last day of the trial.

3. The applicant has been in prison for over 1 ½ years now, he claims that he did not appeal in time because he was not supplied with court proceedings in time. That is an absolute lie. The applicant had a whole family behind him attending all court proceedings including his wife. There is no letter on record showing that the applicant ever applied for court proceedings.

4. This court finds the application being filed at this time as an afterthought and anchored on falsehoods. The applicant has not come to this court with clean hands. He does not deserve the exercise of discretion of this court. The delay is inordinate and not explained.

5. The application for leave to appeal out of time is hereby dismissed.

6. This file is closed.

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