Muhula v Republic [2022] KEHC 14253 (KLR)

Muhula v Republic (Miscellaneous Criminal Application E129 of 2022) [2022] KEHC 14253 (KLR) (12 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14253 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E129 of 2022

RE Aburili, J

October 12, 2022

Between

George William Muhula

Applicant

and

Republic

Respondent

(Being an Application for leave of court to file an appeal out of time in Judgment, conviction and sentence in PM’s court at Siaya in Criminal Case No. 707 of 2016 delivered by Hon. T.M. Olando, Senior Resident Magistrate on 5/9/2017 AND in Siaya HCRA No. 93/2017)

Ruling

1. The applicant herein is George William Muhula. He was convicted and sentenced to serve life imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8 (2) of the Sexual Offence Act. He appealed to this court vide HCRA 93/2017 which appeal against conviction was dismissed on October 29, 2019 and on 25/2/2022, this court resentenced the appellant after receiving and considering a Presentence Report and after according him the opportunity to mitigate. I resentenced the applicant herein to serve 60 years in prison after setting aside the life imprisonment.

2. The applicant has filed a Notice of Appeal on 6/10/2022 nearly 3 years after the resentencing by this court. He seeks for extension of time to file appeal out of time.

3. No reasons are given for the long delay considering the victim of the sexual offence was aged 6 years old.

4. I find the Application not merited. The inordinate delay is not explained to the satisfaction of this court and therefore the application is an afterthought. It is hereby dismissed.

5. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE