Okello v Republic [2022] KEHC 13165 (KLR)

Okello v Republic (Criminal Miscellaneous Application E089 of 2022) [2022] KEHC 13165 (KLR) (23 September 2022) (Ruling)

Neutral citation: [2022] KEHC 13165 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Miscellaneous Application E089 of 2022

RE Aburili, J

September 23, 2022

Between

George Owino Okello

Applicant

and

Republic

Respondent

(Being an Application arising from Judgment, conviction and sentence of the Principal Magistrate’s Court at Ukwala in Criminal Case No. SO 13 of 2021 on 29/7/2022 by Hon. L.N. Sarapai, Principal Magistrate)

Ruling

1. I have considered the application dated 12/8/2022 which is not opposed. The applicant was convicted of the offence of defilement and sentenced to serve 25 years imprisonment on 29/7/2022. He applied for copies of proceedings and judgment which have not been supplied by Ukwala Law Courts in Criminal Sexual Offence Case No 13/2021.

2. The delay is not inordinate as the trial court has challenges of staff. They have had no secretary to type proceedings for close to one year now and this court has had to step in and called for files to be typed by my secretary. I therefore find the application merited, the same is hereby allowed.

3. The appeal as intended to be filed and served on the prosecution within 14 days of today, accompanied by this ruling/order. The registry to notify the applicant via email to prison authorities forthwith.

4. I so order.

5. This file is closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RD DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE