Odhiambo v Republic [2022] KEHC 14410 (KLR)

Odhiambo v Republic (Miscellaneous Criminal Application E141 of 2022) [2022] KEHC 14410 (KLR) (26 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14410 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E141 of 2022

RE Aburili, J

October 26, 2022

Between

Michael Oduor Odhiambo

Applicant

and

Republic

Respondent

(Application for leave to appeal out of time from Naivasha Magistrate’s Court case number not disclosed by the applicant)

Ruling

1. The applicant Michael Oduor Odhiambo in his application filed on October 18, 2022 claims that he was convicted of the offence of incest contrary to section 20(1) of Sexual Offences Act and sentenced to serve life imprisonment in 2018 by Hon H A Ominde, senior resident magistrate, Naivasha.

2. He wants leave to appeal out of time.

3. This court has no geographical jurisdiction to hear and determine this application which appears to be an attempt at forum shopping to have a second bite at the cherry.

4. I find this application devoid of any merit. It is hereby dismissed.

5. File closed.

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