Maurice Otieno Sigunda v Republic [2022] KEHC 1710 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. E020 OF 2022

CORAM: HON. R.E. ABURILI, J

MAURICE OTIENO SIGUNDA......APPLICANT

VERSUS

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

(Being an Application arising from conviction and sentence of the High Court at Siaya in HCCRA No. E019/2020 and originally from Principal Magistrate’s Court at Bondo in Criminal Case No. 246 of 2019)

RULING

1. I have considered the application filed on 17/2/2022 seeking for non-custodial sentence.  The applicant/convict filed an appeal videHCRA E019/2020 which appeal was filed out of time and vide Ruling of 14/12/2020, this court dismissed the appeal. He now wants non-custodial sentence. I find no material upon which I can grant non-custodial sentence for the offence of grievous harm.

2. The application is declined and dismissed.

3. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 7TH DAY OF MARCH, 2022

R.E. ABURILI

JUDGE