Olambo v Republic (Miscellaneous Criminal Application E087 of 2022)  KEHC 13737 (KLR) (11 October 2022) (Ruling)
Neutral citation:  KEHC 13737 (KLR)
Republic of Kenya
Miscellaneous Criminal Application E087 of 2022
RE Aburili, J
October 11, 2022
William Ouma Olambo
(Being an Application for leave to appeal out of time from Judgment, conviction and sentence in the Senior Resident Magistrate’s court at Ukwala in Sexual offence Case No. 268/2015 by Hon. C.N. Wanyama, Resident Magistrate on 11.4.2016 AND in Siaya HCRA No.98/2016 by D.S. Majanja J on 2.2.2018)
1.The applicant is William Ouma Olambo. By his notice of motion dated May 11, 2022 and filed in court on July 21, 2022, he seeks for leave to file an appeal out of time and for waiver of fees.
2.From the court records availed to me, the applicant was convicted for the offence of defilement contrary to section 8 (1) as read with section 8(3) of the Sexual Offence Act in Ukwala SRM Sexual Offence Case No 268/2015, on 11/4/2016 by Hon C N Wanyama Resident Magistrate. He was sentenced to serve 20 years imprisonment vide sentence imposed on April 12, 2016.
3.He appealed to this court vide HCRA 98/2016 which appeal was heard and determined on February 2, 2018 by D S Majanja J, dismissing the appeal both against conviction and sentence.
4.It is now close to five years since the appeal was dismissed. I find no reason given for the inordinate delay for the applicant to seek leave to appeal out of time. I find the applicant guilty of laches and unexplained inordinate delay. The application dated May 11, 2022 is found to be devoid of merit and is hereby dismissed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE