Oloo v Republic [2022] KEHC 3379 (KLR) | Defilement Offence | Esheria

Oloo v Republic [2022] KEHC 3379 (KLR)

Full Case Text

Oloo v Republic (Criminal Miscellaneous Application E049 of 2022) [2022] KEHC 3379 (KLR) (9 May 2022) (Ruling)

Neutral citation: [2022] KEHC 3379 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Miscellaneous Application E049 of 2022

RE Aburili, J

May 9, 2022

Between

Simon Oduor Oloo

Applicant

and

Republic

Respondent

(Being an Application arising from conviction and sentence of Siaya in HCCRA No. E026/2021 and the Principal Magistrate’s Court at Siaya in Sexual Offence Case No. 68 of 2019)

Ruling

1. The applicant herein is a convict vide Siaya PM’s court Sexual Offence Case No. 19/2019. He was sentenced to serve life imprisonment upon his conviction for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act.

2. Aggrieved by the conviction and sentence, the convict appealed to this court vide Siaya HCRA E026/2021 which appeal was heard and determined on 23/3/2022. This court upheld the conviction and sentence of the lower court and dismissed the appeal.

3. The convict has filed Notice of Appeal dated 28/3/2022 in his application filed on 27/4/2022, over one month after the judgment dismissing his appeal.

4. He now seeks for leave for waiver of fees and extension of time to file his Notice of Appeal.

5. I have considered the application and grounds. I do not find any plausible reason given for seeking waiver of fees as there is no affidavit on record to show evidence of pauperism.

6. Being convicted and sentenced lawfully does not render one a pauper. There is also no reason why a Notice of Appeal was not filed within 14 days of the day of judgment on 23/3/2022.

7. In addition, this being a second appeal intended to be filed, there is no draft Memorandum of appeal showing the points of law that the applicant intends to urge in the superior court.

8. I find the application devoid of any merit. The same is hereby dismissed.

9. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 9THDAY OF MAY, 2022R.E. ABURILIJUDGE