[2020] KEHC 4484 (KLR)
The court determined that it lacked jurisdiction to entertain the application because the proper forum was the Kakamega High Court, which had already dismissed the applicant's appeal. The court emphasized that allowing parties to file applications in different courts after an adverse decision constitutes forum...
Source-derived case information.
- Citation
- [2020] KEHC 4484 (KLR)
- Parties
- Applicant: Donald Osundwa Kweyu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 38 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Forum Shopping, Jurisdiction, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Donald Osundwa Kweyu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the High Court at Siaya has jurisdiction to entertain the applicant's application after the Kakamega High Court dismissed his appeal.
- 2 Whether the applicant is engaging in forum shopping by filing the application in a different court.
Ratio Decidendi
The court determined that it lacked jurisdiction to entertain the application because the proper forum was the Kakamega High Court, which had already dismissed the applicant's appeal. The court emphasized that allowing parties to file applications in different courts after an adverse decision constitutes forum shopping, which undermines the orderly administration of justice. Consequently, the application was dismissed for want of jurisdiction and to discourage forum shopping.
Court Disposition
application dismissed
Orders
- The application is hereby dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 38 OF 2020
DONALD OSUNDWA KWEYU.......................................................................APPLICANT
VERSUS
REPUBLIC......................................................................................................RESPONDENT
RULING
1. The Applicant was convicted by a Mumias Court and his appeal to Kakamega High Court was dismissed.
2. He can only lodge applications such as this before Kakamega High Court which upheld his conviction.
3. Forum shopping of courts must be discouraged.
4. This application is hereby dismissed.
5. Orders accordingly.
Dated, signed and delivered at Siaya this 7th Day of July 2020
R.E. ABURILI
JUDGE