Oluoch v Republic [2022] KEHC 14029 (KLR)

Oluoch v Republic (Miscellaneous Criminal Application E096 of 2022) [2022] KEHC 14029 (KLR) (11 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14029 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E096 of 2022

RE Aburili, J

October 11, 2022

Between

Thomas Owuor Oluoch

Applicant

and

Republic

Respondent

(Being an Application for leave to appeal out of time from Judgment, conviction and sentence in Siaya HCR No. E008 of 2020 on 15. 2.2022)

Ruling

1. The applicant is Thomas Owuor Oluoch. He was convicted of the offence of murder vide HCR E008/2020 on 15/2/2022 and sentenced to serve 50 years imprisonment. He filed notice of appeal on 18/2/2022 which was within time. He ought to pursue his appeal at the Court of Appeal.

2. Instead, he now seeks leave of court to appeal out of time by his application dated and filed on 22/8/2022.

3. This application is misguided and not merited. It is hereby dismissed.

4. File is hereby closed.

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