Okello v Republic [2022] KEHC 16749 (KLR)

Okello v Republic (Criminal Appeal 50 of 2018) [2022] KEHC 16749 (KLR) (19 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16749 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Appeal 50 of 2018

RE Aburili, J

December 19, 2022

Between

Francis Nyakanyi Okello

Appellant

and

Republic

Respondent

(An Appeal originating from Ukwala PM’s Sexual Offence Case No. 9 of 2017)

Ruling

1. This appeal has been pending before this court for over 4 years now and despite the request and reminders to Ukwala Law Courts to avail the lower court file, there is no response or action. It is frustrating to call for a file for over 4 years with no response. The matter cannot be mentioned forever.

2. I hereby mark this appeal as closed.

3. The Deputy Registrar to notify the appellant in person who shall be at liberty to apply, upon which a fresh court file shall be opened and the appeal considered on its merits since this court is unable to keep the file pending infinitum.

4. File closed.

5. I so direct.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 19TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE