Sewedy v Republic [2022] KEHC 13728 (KLR)

Sewedy v Republic (Miscellaneous Criminal Application E094 of 2022) [2022] KEHC 13728 (KLR) (11 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13728 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E094 of 2022

RE Aburili, J

October 11, 2022

Between

Issa Jomo Sewedy

Applicant

and

Republic

Respondent

(Being an Application for leave to file an appeal under Rule 113 of the Court of Appeal Rules against Judgment, conviction and sentence in the Principal Magistrate’s court at Bondo in Criminal Case No. 481 of 2015 AND in Siaya HCRA No.402016 & in Siaya HCR Misc. E010 of 2022)

Ruling

1. The applicant is Issa Jomo Sewedy. He was the appellant in HCRA 40/2016 where the appeal was dismissed on 10/11/2016 by Hon. J. Makau, Judge. He filed an application under Rule 113 of the Court of Appeal Rules for leave to file an appeal out of time and as a pauper. The application was dismissed on 27/1/2022 for being inordinately filed.

2. He is now before this court seeking the same orders. I find no new reason being advanced to warrant reconsideration of his application afresh. The application filed on 22/8/2022 seven months after the application in HCR Misc. E010/2022 was dismissed is found to be devoid of merit. It is hereby dismissed.

3. File closed.

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