Wairemba v Republic [2023] KEHC 23781 (KLR)

Wairemba v Republic (Miscellaneous Criminal Application E028 of 2023) [2023] KEHC 23781 (KLR) (18 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23781 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E028 of 2023

DO Ogembo, J

October 18, 2023

Between

John Odhiambo Wairemba

Applicant

and

Republic

Respondent

Ruling

1. The applicant herein was convicted on the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. He was sentenced to serve 40 years imprisonment on 29-3-2021. He has now filed an application herein on 13/3/2023 seeking extension of time to file an appeal to the Court of Appeal. The period of filing an appeal against the conviction and sentence herein long lapsed.

2. This court is functus officio and I agree with the Prosecution that this application ought to have been filed at the Court of Appeal which has the jurisdiction to hear the intended appeal.

3. For this reason, I do not find any merit in the applicant’s application filed herein on 13-3-2023. I dismiss the same.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 18TH DAY OF OCTOBER, 2023D.O. OGEMBOJUDGE18. 10. 2023Court:File ordered closed.D.O. OGEMBOJUDGE18. 10. 2023