Ochieng v Republic [2022] KEHC 13749 (KLR)

Ochieng v Republic (Miscellaneous Criminal Application E125 of 2022) [2022] KEHC 13749 (KLR) (5 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13749 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E125 of 2022

RE Aburili, J

October 5, 2022

Between

Austine Ochieng Ochieng

Applicant

and

Republic

Respondent

(Being an Application for leave to file appeal out of time from the conviction and sentence in the Principal Magistrate’s court at Bondo in Criminal Case No. 734 of 2019 delivered on 25. 05. 2021 by Hon. P. Nandi., Principal Magistrate)

Ruling

1. The applicant by his application filed on 26/9/2022 seeks leave of court to file an appeal out of time from the conviction and sentence passed on 25/5/2021 by Hon. P. Nandi, Principal Magistrate Bondo Law Courts for the offences of robbery with violence. He was sentenced to serve 15 years imprisonment and nearly one and half years is gone since his conviction and no affidavit has been sworn to explain the inordinate delay. I find the application to be an afterthought. The applicant is guilty of laches. The application is hereby dismissed.

2. File closed.

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