Odera v Republic [2022] KEHC 14556 (KLR)

Odera v Republic (Miscellaneous Criminal Application E110 of 2022) [2022] KEHC 14556 (KLR) (26 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14556 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E110 of 2022

RE Aburili, J

October 26, 2022

Between

Joshua Okoth Odera

Applicant

and

Republic

Respondent

Ruling

1. On MArch 5, 2020, this court sentenced the applicant/convict herein to suffer death for the gruesome Murder of Rose Anyango Outa whose remains were found decapitated and mutilated.

2. The applicant was informed of his right of appeal.

3. It is now over 2 years since the sentence was passed. He claims that he was not furnished with the trial court file for him to file an appeal in time.

4. There is no evidence that he ever applied for or paid for copies of proceedings and judgment which were timely typed and readily available as at the time of sentencing. I find this application devoid of any merit.

5. The applicant Joshua Okoth Odera is guilty of laches.

6. The application is an afterthought.

7. It is hereby dismissed.

8. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 26TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE