Wiga v Republic [2022] KEHC 14038 (KLR)

Wiga v Republic (Miscellaneous Criminal Application E130 of 2022) [2022] KEHC 14038 (KLR) (12 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14038 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E130 of 2022

RE Aburili, J

October 12, 2022

Between

John Onyango Wiga

Applicant

and

Republic

Respondent

((Being an Application for leave of court to file an appeal out of time from Judgment, conviction and sentence in Bondo PM Criminal Case No. E108 of 2020))

Ruling

1. The applicant John Onyango Owinga by his application dated October 6, 2022 seeks for leave of court to file his appeal out of time from Bondo PM Cr E018/2020.

2. He claims that the judgment sought to be challenged was delivered on May 1, 2022. I take judicial notice of the fact that 1st of May of every year is an international public holiday being a labour day and that therefore no proceedings could have taken place on that day as none are annexed to this application herein. The applicant convict is merely second guessing.

3. This application is hereby struck out for want of proper particulars.

4. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE