[2021] KEHC 5544 (KLR)
The court found that the applicant had previously applied for revision of his sentence, which was heard and dismissed. The present application sought the same orders as the earlier dismissed application. The court held that repeated filing of similar applications is an abuse of court process and that the applicant's...
Source-derived case information.
- Citation
- [2021] KEHC 5544 (KLR)
- Parties
- Applicant: Ezekiel Onyango Ogwang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E061 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Grievous Harm, Sentence Revision, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ezekiel Onyango Ogwang
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence after a previous similar application was dismissed.
- 2 Whether the repeated filing of similar applications constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant had previously applied for revision of his sentence, which was heard and dismissed. The present application sought the same orders as the earlier dismissed application. The court held that repeated filing of similar applications is an abuse of court process and that the applicant's conduct was mischievous. Consequently, the application was declined and dismissed to prevent further misuse of judicial resources.
Court Disposition
application dismissed
Orders
- The application for sentence revision is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION E061 OF 2021
EZEKIEL ONYANGO OGWANG.....................................................................APPLICANT
VERSUS
REPUBLIC.......................................................................................................RESPONDENT
(Application for sentence revision from the judgment, conviction and sentence
in SIAYA PM’S MAGISTRATE’S COURT NO. 895 OF 2018 of dated 10. 7.2019
by Hon. J.O. Ong’ondo – Principal Magistrate)
RULING
1. The applicant Ezekiel Onyango Ogwang was convicted of the offence of grievous harm contrary to section 234 of the Penal Codeand sentenced to serve five (5) years imprisonment on 10. 7.2019. He applied to this court for revision of sentence vide High Court Revision Number 40 of 2019 which application was heard and dismissed on 19. 9.2019.
2. He has come back seeking for the same orders as those which were dismissed. This is an abuse of Court process. The Applicant/Convict is mischievous and must be stopped from filing all manner of application before this Court. The application is hereby declined and dismissed.
3. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF JUNE, 2021
R. E. ABURILI
JUDGE