Nyasudi v Republic [2022] KEHC 13746 (KLR)

Nyasudi v Republic (Miscellaneous Criminal Application E108 of 2022) [2022] KEHC 13746 (KLR) (5 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13746 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E108 of 2022

RE Aburili, J

October 5, 2022

Between

Jacob Otieno Nyasudi

Applicant

and

Republic

Respondent

(An application arising from judgment, conviction and sentence in Principal Magistrate’s in Siaya Criminal Case no 835 of 2015 by Hon J O Ongondo on July 26, 2017 and in Siaya HCCRA no 70/2017 on June, 26, 2019)

Ruling

1. The applicant was the appellant in HCRA 70/2017 wherein the court dismissed his appeal against conviction but allowed the appeal against sentence and resentenced him to serve 30 years imprisonment on June 26, 2019.

2. The sentence was to be calculated from the date of his arrest. He now claims, 3 years later, that he wants leave to appeal out of time. The applicant already exercised his right of appeal and he has benefitted from the Muruatetu (1) decision. His sentence was reduced from life imprisonment to 30 years imprisonment.

3. I find this application mischievous, filed with inordinate delay and devoid of any merit. It is hereby dismissed.

4. File closed.

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