Okwiri v Republic [2022] KEHC 13893 (KLR)

Okwiri v Republic (Miscellaneous Criminal Application E081 of 2022) [2022] KEHC 13893 (KLR) (11 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13893 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E081 of 2022

RE Aburili, J

October 11, 2022

Between

Isaiah Otieno Okwiri

Applicant

and

Republic

Respondent

(Being an Application arising from Judgment, conviction and sentence in the Siaya HC Criminal Case No. 19 of 2018 delivered on 30. 11. 2020 and sentence passed on 19. 1.2021)

Ruling

1. The applicant is Isaiah Otieno Okwiri. He is the convict in Siaya HC Cr. Case No. 19/2018 wherein he was charged, tried and convicted for the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code vide judgment rendered on 30/11/2020 and sentence passed on 19/1/2021. He was sentenced to serve 40 years imprisonment.

2. On 4/8/2022, he filed an application seeking leave of court to file an appeal out of time and for leave to appeal as a pauper.

3. I have considered the application and affidavit in support. It is over 1 year and 9 months since the applicant was convicted and sentenced for the gruesome murder of the deceased Mary Anyango Oluoch.

4. This court had the power to sentence the accused to death. I exercised discretion and gave him a term sentence.

5. There is no reason advanced for the inordinate delay.

6. In addition, in the sentence passed, I clearly stated to the accused that he had a right of appeal which he should have exercised. The accused’s co-accused in HCR 31/2012 at Kisumu in Republic Vs Benard Otieno Okello was sentenced to death on 24/9/2014.

7. The accused herein had escaped and was only arrested after 6 years following the murder of the deceased.

8. Benard Otieno Okello appealed to the Court of Appeal vide Court of Appeal CRA 205/2014 which appeal against conviction was dismissed on 31/1/2020. However, the Court of Appeal comprising M. Koome, F. Sichale & Ole Kantai JJA substituted the death sentence of 30 years imprisonment from the date of conviction.

9. That being the case, I find no merit in this application.

10. Furthermore, there is no evidence of pauperism.

11. The twin applications are hereby dismissed.

12. This file is closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE