[2004] KEHC 1876 (KLR)
The court found that the appellant had already filed and prosecuted an appeal arising from the same criminal case, which was heard and dismissed by a competent court. As such, the principle of finality of litigation and the doctrine of res judicata preclude the court from entertaining a second appeal on the same...
Source-derived case information.
- Citation
- [2004] KEHC 1876 (KLR)
- Parties
- Appellant: David Bundi Omwata; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 148 of 2002
- Procedural Posture
- Criminal Appeal / Ruling on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Double Jeopardy, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Bundi Omwata
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Appeal
Legal Issues
- 1 Whether the court can hear an appeal on a matter that has already been determined in a previous appeal.
Ratio Decidendi
The court found that the appellant had already filed and prosecuted an appeal arising from the same criminal case, which was heard and dismissed by a competent court. As such, the principle of finality of litigation and the doctrine of res judicata preclude the court from entertaining a second appeal on the same matter. The court therefore dismissed the appeal as it was incompetent and an abuse of the court process.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII CRIMINAL APPEAL NO.148 OF 2002(From original conviction and sentence of the Chief Magistrate’s Court at Kisii in Criminal Case No.577 of 2001 –P. OKILE ESQ., R.M)DAVID BUNDI OMWATA ………………………………………….. APPELLANTVERSUSREPUBLIC ………………………………………………………….. RESPONDENT.RULING
The appellant in this case had filed another appeal No.237 of 2002 arising from the same Cr. Case No.557 of 2001 at Keroka Court. That appeal was heard and dismissed by Justice Wambilyangah on 26th September 2002. The court therefore cannot hear the same matter twice. Appeal is dismissed.
KABURU BAUNIJUDGE.
30/7/04