SAO v Republic [2022] KEHC 13896 (KLR)

SAO v Republic (Miscellaneous Criminal Application E095 of 2022) [2022] KEHC 13896 (KLR) (11 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13896 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E095 of 2022

RE Aburili, J

October 11, 2022

Between

SAO

Applicant

and

Republic

Respondent

(Being an Application arising from Judgment, conviction and sentence in Chief Magistrate’s court at Siaya in Sexual Offence Case No. 52 of 2019 by Hon. M. Mwangi Resident Magistrate on 12. 6.2019 AND in Siaya HCCA No. 51/2019 and in Siaya HCR Misc. Application No. E046/2022)

Ruling

1. The applicant is SAO. He was also the appellant in HCRA 51/2019 which was determined on 5/5/2020 dismissing the appeal against conviction and allowing the appeal against sentence. The life imprisonment imposed on the applicant was set aside and substituted with 50 years’ imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offence Act which sentence was imposed by Hon M. Mwangi Resident Magistrate on 12/6/2019.

2. The applicant filed an application before this court vide HCR Miscellaneous Application E046/2022 seeking leave to appeal out of time but this court dismissed the application on 16/5/2022. As there was no affidavit explaining the reason for the two years delay.

3. The applicant is back saying he was not supplied with court proceedings in time. There is no evidence that the applicant ever applied for court proceedings and or judgment in HCRA 51/2019 and was denied as the proceedings and judgment are available, typed and certified.

4. I find this application to be mischievous and an abuse of court process.

5. The applicant is guilty of inordinate and unexplained delay. The application dated 22/8/2022 is hereby dismissed.

6. File closed.

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