Madowo v Republic (Miscellaneous Criminal Application 113 of 2023) [2024] KEHC 13476 (KLR) (22 October 2024) (Ruling) Neutral citation: [2024] KEHC 13476 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA MISCELLANEOUS CRIMINAL APPLICATION 113 OF 2023 RE ABURILI, J OCTOBER 22, 2024 BETWEEN ERASTUS OMWONA MADOWO ......................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant Erastus Omwonya Madowo was convicted and sentenced to life imprisonment vide Siaya PM SO Case No. 991/2016 for the ofience of defilement contrary to Section 8 (2) of the Sexual Offences Act. 2. He appealed vide Siaya HCCR No. 85/2017 which appeal was dismissed n 11/11/2019. 3. He now claims that his family did not aid him in getting an advocate to file an appeal hence the application for extension of time to appeal. 4. I have considered the application. The delay is inordinate. I find the application to be an afterthought and intended to defeat justice noting that he defiled a 6 year old child. At his then age of 66 years, he knew what he was doing. 5. From the appeal record, the Court on appeal allowed the convict to mitigate afresh and reduced the life imprisonment to 80 years imprisonment. 6. I find no merit in the application herein which is dismissed. 7. This file is closed. RULING DATED, SIGNED AND DELIVERED THIS 22ND DAY OF OCTOBER, 2024 R. E ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/13476/eng@2024-10-22 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.