Nyainda v Republic [2022] KEHC 13748 (KLR)

Nyainda v Republic (Miscellaneous Criminal Application E124 of 2022) [2022] KEHC 13748 (KLR) (5 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13748 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E124 of 2022

RE Aburili, J

October 5, 2022

Between

Caleb Ochola Nyainda

Applicant

and

Republic

Respondent

(eing an Application for leave to file an appeal out of time from the Judgment, conviction and sentence in the Chief Magistrate’s court at Siaya in Criminal. Case No. E196 & E197 of 2020)

Ruling

1. The applicant claims in his application to appeal out of time that he was convicted on August 28, 2020 and sentenced to serve 8 years imprisonment for the offence of grievous harm contrary to section 234 of the Penal Code. He never appealed and there is no evidence on oath showing any reason for the delay. I find the delay too inordinate and not explained. The application is found to be an afterthought.

2. It is hereby dismissed.

3. File closed.

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