Otieno v Republic [2022] KEHC 10088 (KLR)

Otieno v Republic (Miscellaneous Criminal Application E046 of 2022) [2022] KEHC 10088 (KLR) (16 May 2022) (Ruling)

Neutral citation: [2022] KEHC 10088 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E046 of 2022

RE Aburili, J

May 16, 2022

Between

Samuel Agunda Otieno

Applicant

and

Republic

Respondent

(Being an Application arising from conviction and sentence of Siaya in HCCRA No. 51/2019 and the Principal Magistrate’s Court at Siaya in Criminal Case No. 52 of 2018)

Ruling

1. The judgment which is sought to be appealed against was delivered on 5/5/2020 virtually in the presence of the appellant who did not file his Notice of appeal.

2. It is now over 2 years and there is no affidavit sworn explaining the reasons for the inordinate delay.

3. I find the application not merited. I hereby dismiss it

4. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 16THDAY OF MAY, 2022R.E. ABURILIJUDGE