Ojwach v Republic (Miscellaneous Criminal Application E211 of 2024) [2024] KEHC 12292 (KLR) (15 October 2024) (Ruling) Neutral citation: [2024] KEHC 12292 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E211 OF 2024 RE ABURILI, J OCTOBER 15, 2024 BETWEEN ISMAEL GUDA OJWACH ....................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original conviction and sentence in Nyando Senior Principal Magistrate Criminal Sexual Offences Case No. 737 of 2005) RULING 1. The applicant was convicted and sentenced to life imprisonment on 25th July 2006 vide Nyando SPM Sexual Ofiences Case No. 737 of 2005 for the ofience of defilement contrary to Section 145(1) of the Penal Code. 2. He now seeks leave of court to appeal, nearly 20 years later. 3. I find the Applicant/Convict to be mischievous and the application to be an afterthought noting that due to lapse of time, the original court file may never be recovered. 4. The delay is inordinate and not in the interest of justice to grant such an application. 5. The application dated October 1, 2024 is hereby dismissed. 6. The file is closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF OCTOBER, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12292/eng@2024-10-15 1
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.