[2023] KEHC 23878 (KLR)
The court found that the appellant had filed two separate appeals arising from the same conviction and sentence. The latter appeal (HCCRA No. E010 of 2022) was heard and determined, with the court upholding the conviction and reducing the sentence. Since the issues raised in the present appeal had already been...
Source-derived case information.
- Citation
- [2023] KEHC 23878 (KLR)
- Parties
- Appellant: Jared Ouma Abuto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 120 of 2018
- Procedural Posture
- Criminal Appeal / Ruling on Duplicity of Appeals
- Outcome
- appeal dismissed as duplicative; file closed
- Judges
- RE Aburili
- Legal Topics
- Duplicity of Appeals, Conviction Upheld, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Ouma Abuto
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Duplicity of Appeals
Legal Issues
- 1 Whether the present appeal is duplicative of a previously filed and determined appeal.
- 2 Whether the court should entertain a second appeal on the same conviction and sentence.
Ratio Decidendi
The court found that the appellant had filed two separate appeals arising from the same conviction and sentence. The latter appeal (HCCRA No. E010 of 2022) was heard and determined, with the court upholding the conviction and reducing the sentence. Since the issues raised in the present appeal had already been conclusively determined in the earlier appeal, the current appeal was deemed duplicative and incompetent. The court therefore dismissed the present appeal and ordered the file closed.
Court Disposition
appeal dismissed as duplicative; file closed
Orders
- This appeal is hereby dismissed for duplicity of appeals.
- The file is hereby closed.
Full Case Text
Judgment text and source record
21 paragraphs
Abuto v Republic (Criminal Appeal 120 of 2018) [2023] KEHC 23878 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23878 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Appeal 120 of 2018
RE Aburili, J
October 6, 2023
Between
Jared Ouma Abuto
Appellant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Case No. 37 of 2017 at Nyando)
Ruling
1. The appeal was filed on 31st December 2018 by Jared Ouma Abuto, the accused person in Nyando Senior Principal Magistrate Criminal Case No. 37 of 2017.
2. The same Appellant also filed Kisumu HCCRA No. E010 OF 2022 on March 16, 2022. No doubt, the same appellant filed two separate appeals, one after the other.
3. In the latter appeal, the court heard and delivered judgement on 21st June 2023 upholding the conviction of the Appellant but reduced the sentence imposed for the offences of rape and assault causing actual bodily harm.
4. Infact, the Appellant on his own accord withdrew the challenge against conviction and asked the court to consider reducing his sentence and the court did reduce the sentence imposed from twenty (20) years imprisonment to ten (10) years imprisonment.
5. For the above reasons, and for duplicity of appeals, this appeal being the same as HCCRA No. E010 of 2022 which was heard and concluded with a judgment rendered on June 21, 2023, this appeal is hereby dismissed and the file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE