Madowo v Republic [2022] KEHC 13534 (KLR)

Madowo v Republic (Miscellaneous Criminal Application E107 of 2022) [2022] KEHC 13534 (KLR) (5 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13534 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E107 of 2022

RE Aburili, J

October 5, 2022

Between

Erastus Omwonya Madowo

Applicant

and

Republic

Respondent

(Being an Application to file an appeal out of time in Judgment, conviction and sentence in the Principal Magistrate’s Court at Siaya in Sexual Offence Case No.991/2016 by Hon. T.M. Olando, Senior Resident Magistrate on 5/9/2017 and in Siaya HCRA No. 85 of 2017)

Ruling

1. I have considered the convict/applicant’s application for leave to appeal out of time filed on 31/8/2022, from the judgment in HCRA 85/2017 at Siaya.

2. The judgment sought to be challenged was rendered on 9/10/2019 dismissing his appeal, upon which the court called for a Victim Impact statement before resentencing the convict herein who had been sentenced to serve life imprisonment in Siaya PMS SO No. 991/2016. The victim of the defilement charge was aged six and a half years.

3. Later vide HCR Miscellaneous Application No. E007/2021, the applicant sought for leave to appeal as a pauper under Rule 113 of the Court of Appeal Rules. That application was dismissed on 27/1/2022.

4. It is worth noting that this court resentenced the convict in the Appeal on 11/4/2019 considering the age of the minor, the circumstances under which the offence was committed to a neighbor’s child and the period that the convict had spent in custody.

5. It is almost three years since he was resentenced. He is back into court seeking leave to appeal out of time. I find the application to be an abuse of court process and devoid of any merit. It is hereby dismissed.

6. A copy of this ruling to be filed in the Criminal Appeal file.

7. File closed.

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