Oloo v Republic [2022] KEHC 9920 (KLR) | Appeal Out Of Time | Esheria

Oloo v Republic [2022] KEHC 9920 (KLR)

Full Case Text

Oloo v Republic (Criminal Miscellaneous Application E052 of 2022) [2022] KEHC 9920 (KLR) (9 May 2022) (Ruling)

Neutral citation: [2022] KEHC 9920 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Miscellaneous Application E052 of 2022

RE Aburili, J

May 9, 2022

Between

Maurice Odiwuor Oloo

Applicant

and

Republic

Respondent

(Being an Application arising from Judgment, conviction and sentence of Siaya in HCCRC No. 20/2018)

Ruling

1. The judgment sought to be impugned was delivered on 19/1/2021 over 1 year and 3 months ago. However, the applicant claims in his documents attached that judgment was delivered on 27/2/2022 which is a lie.

2. There is no plausible reason given for the inordinate delay and in addition there is no evidence of pauperism disclosed.

3. The application is found to be devoid of any merit.

4. It is hereby dismissed.

5. File closed.

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