Case ID:162623

Parties: None

Date Delivered: None

Case Type: None

Court: None

Judges: None

Citation: None

James Odongo Owala v Republic [2020] eKLR

Case Metadata

Case Number:

Miscellaneous Criminal Application 11 of 2020

Parties:

James Odongo Owala v Republic

Date Delivered:

22 Jul 2020

Case Class:

Criminal

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

James Odongo Owala v Republic [2020] eKLR

Case History:

Being an Application under Rule 113 of the Court of Appeal Rules for leave to appeal out of time from Original Criminal Case No. 234 of 2015 at Chief Magistrate’s Court, Ukwala dated 10.11.2015 and High Court Cr. Appeal No. 79 of 2019 at Siaya)[no disclosure of the trial Magistrate and appellate Judge Appellate court record not traced

Court Division:

Criminal

County:

Siaya

History Docket No:

Criminal Case 234 of 2015

History County:

Siaya

Case Outcome:

Application dismissed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. 11 OF 2020

JAMES ODONGO OWALA........APPLICANT

VERSUS

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

(Being an Application under Rule 113 of the Court of Appeal Rules for leave to appeal out of time from Original Criminal Case No. 234 of 2015 at Chief Magistrate’s Court, Ukwala dated 10.11.2015 and High Court Cr. Appeal No. 79 of 2019 at Siaya)[no disclosure of the trial Magistrate and appellate Judge Appellate court record not traced]

RULING

1. On 10/11/2015, the Applicant/Convict

James Odongo Owala

was sentenced to serve 10 years imprisonment for the offence of attempted defilement contrary to Section 9)1)(2) of the Sexual Offences Act.

2. He is due for release on 23/7/2022. He now claims he seeks leave to appeal out of time over five years after sentence which he is due to complete.

3. I find no plausible acceptable explanation for the delay.

4. This application is an afterthought and is devoid of merit. The same is hereby dismissed for laches which is inordinate unreasonable delay.

5. File closed.

6. Orders accordingly.

Dated, signed and Delivered at Siaya this 22

nd

Day of July, 2020

R.E. ABURILI

JUDGE

Meta Info:

{'Case Number:': 'Miscellaneous Criminal Application 11 of 2020', 'Parties:': 'James Odongo Owala v Republic', 'Date Delivered:': '22 Jul 2020', 'Case Class:': 'Criminal', 'Court:': 'High Court at Siaya', 'Case Action:': 'Ruling', 'Judge(s):': 'Roselyne Ekirapa Aburili', 'Citation:': 'James Odongo Owala v Republic [2020] eKLR', 'Case History:': 'Being an Application under Rule 113 of the Court of Appeal Rules for leave to appeal out of time from Original Criminal Case No. 234 of 2015 at Chief Magistrate’s Court, Ukwala dated 10.11.2015 and High Court Cr. Appeal No. 79 of 2019 at Siaya)[no disclosure of the trial Magistrate and appellate Judge Appellate court record not traced', 'Court Division:': 'Criminal', 'County:': 'Siaya', 'History Docket No:': 'Criminal Case 234 of 2015', 'History County:': 'Siaya', 'Case Outcome:': 'Application dismissed', 'Disclaimer:': 'The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information'}