Meshack Oduol Alara v Republic [2022] KEHC 2688 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. E014 OF 2022

CORAM: HON. R.E. ABURILI, J

MESHACK ODUOL ALARA......................................................................APPLICANT

VERSUS

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

(An Application arising from conviction and sentence of the High Court

at Siaya in Criminal Case No. 15 of 2016)

RULING

1. On 2/2/2018 the accused/convict/Applicant herein was convicted by Hon. J.A. Makau J for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He was sentenced to death.

2. The Applicant now wants leave to appeal under Rule 113 of the Court of Appeal Rulesand as a pauper.

3. I have considered the application. I find no merit in it.  In addition, the application is brought after inordinate and unexplained delay of close to four years.

4. I find the application to be an afterthought.  The same is hereby dismissed.

5. File closed.

6. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY, 2022

R.E. ABURILI

JUDGE