Oloo v Republic [2022] KEHC 13731 (KLR)

Oloo v Republic (Miscellaneous Criminal Application E093 of 2022) [2022] KEHC 13731 (KLR) (11 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13731 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E093 of 2022

RE Aburili, J

October 11, 2022

Between

Daniel Otieno Oloo

Applicant

and

Republic

Respondent

(Being an Application for leave to file an appeal out of time against Judgment, conviction and sentence in the Principal Magistrate’s court at Siaya in Criminal Case No. 3 of 2018 by Hon. J.O. Ongondo Principal Magistrate on 24. 8.2018 and in Siaya HCRA No. 44A of 2018)

Ruling

1. The applicant is Daniel Otieno Oloo. He and another were convicted of the offence of robbery with violence contrary to section 296 (2) of the Penal Code and sentenced to life imprisonment by J Ong’ondo Principal Magistrate vide judgment and sentence dated August 24, 2018 after they mitigated.

2. He filed an appeal vide HCRA 44A/2018 jointly with Kennedy Odhiambo Onyango and vide judgment delivered on October 6, 2020, this court dismissed the appeal against conviction but allowed appeal against sentence. I reduced the sentence from life imprisonment to thirty years imprisonment.

3. The convict now claims that he wants leave to appeal out of time. It is now 2 years since this court exercised extreme leniency in resentencing the applicant robber to 30 years imprisonment from life imprisonment imposed by the lower court.

4. I find no substance in the application which I find to be an afterthought. The application filed on August 22, 2022 is hereby dismissed.

5. The file is hereby closed.

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