1. The applicant Erastus Omwonya Madowo was convicted and sentenced to life imprisonment vide Siaya PM SO Case No. 991/2016 for the offence 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.
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.