O v Republic [2024] KEHC 12292 (KLR)

O v Republic (Miscellaneous Criminal Application E211 of 2024) [2024] KEHC 12292 (KLR) (15 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12292 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E211 of 2024

RE Aburili, J

October 15, 2024

Between

IGO

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Nyando Senior Principal Magistrate Criminal Sexual Offences Case No. 737 of 2005)

Ruling

1. The applicant was convicted and sentenced to life imprisonment on 25th July 2006 vide Nyando SPM Sexual Offences Case No. 737 of 2005 for the offence of defilement contrary to Section 145(1) of the Penal Code.

2. He now seeks leave of court to appeal, nearly 20 years later.

3. I find the Applicant/Convict to be mischievous and the application to be an afterthought noting that due to lapse of time, the original court file may never be recovered.

4. The delay is inordinate and not in the interest of justice to grant such an application.

5. The application dated 1st October 2024 is hereby dismissed.

6. The file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 15THDAY OF OCTOBER, 2024R. E. ABURILIJUDGE