Victor Ochieng Onyango v Republic [2020] KEHC 4109 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. 16 OF 2019

VICTOR OCHIENG ONYANGO.................................................APPLICANT

VERSUS

REPUBLIC.............................................................................RESPONDENT

(Being an Application under Rule 113 of the Court of Appeal Rules, 2010)

(From Original Criminal Case No. 226 of 2015 at SRM’s Court, Ukwala and against Judgment of the High Court of Kenya at Siaya in Criminal Appeal No. 103 of 2016 before Hon. Justice D.S. Majanja dated 8th July 2017)

RULING

1. I have considered the application by the convict Victor Ochieng Onyango who is serving 20 years imprisonment for the offence of defilement contrary to Section 8(1) as read with section 8 (3) of the Sexual Offences Act.

2. His appeal to the High Court was dismissed on 8/7/2017 which is over 2½ years ago.  He claims that he filed a Notice of appeal which the Deputy Registrar has confirmed missing but there is no such evidence of filing of a Notice of appeal within time.

3. There is also no evidence of pauperism and there are no proven points of law to be relied on by the appellant in the intended appeal.

4. The application is filed with delay which is inordinate and with no satisfactory explanation.  It is an afterthought.

5. I find no merit in the application as filed. The same is hereby dismissed.

6. Filed closed.

Orders accordingly.

Dated, signed and Delivered at Siaya this 16th Day of July, 2020

R.E. ABURILI

JUDGE