[2018] KEHC 2175 (KLR)
The court found that the present appeal was a duplicate of Criminal Appeal No. 8/2017, which had already been determined in favour of the appellant. Applying the doctrine of res judicata, the court held that it was barred from entertaining the same matter between the same parties. Consequently, the appeal was struck...
Source-derived case information.
- Citation
- [2018] KEHC 2175 (KLR)
- Parties
- Appellant: James Owino Oduor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 34 of 2017
- Procedural Posture
- Criminal Appeal / Ruling on Appeal Duplicity/res Judicata
- Outcome
- appeal struck out as res judicata
- Judges
- RE Aburili
- Legal Topics
- Res Judicata, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
James Owino Oduor
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Appeal Duplicity/res Judicata
Legal Issues
- 1 Whether the present appeal is maintainable given the existence of a prior appeal between the same parties on the same matter.
- 2 Whether the doctrine of res judicata applies to criminal appeals.
Ratio Decidendi
The court found that the present appeal was a duplicate of Criminal Appeal No. 8/2017, which had already been determined in favour of the appellant. Applying the doctrine of res judicata, the court held that it was barred from entertaining the same matter between the same parties. Consequently, the appeal was struck out and the file ordered closed for archiving.
Court Disposition
appeal struck out as res judicata
Orders
- The appeal is struck out as being res judicata.
- The file is marked as closed for archiving.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL APPEAL NO. 34 OF 2017
(CORAM: R. E. ABURILI - J.)
JAMES OWINO ODUOR.....................APPELLANT
VERSUS
REPUBLIC..........................................RESPONDENT
(Being an Appeal lodged vide HCCRA No. 8/2017 arising from Original Criminal Case No. 222 of 2015 at Ukwala Law Courts, RM’s Court.)
RULING
1. This appeal is similar to Cr. Appeal No. 8/2017 between the same parties and which latter appeal was determined in favour of the Appellant James Owino Oduor on 23/3/2018 by Hon. Majanja J.
2. Accordingly, I order that this appeal being a replica of Cr. Appeal No. 8/2017 the same is hereby struck out being res judicata and the file herein is hereby marked as closed for archiving.
Orders accordingly.
Dated, Signed and Delivered at SIAYA this 20th Day of November 2018.
R.E. ABURILI
JUDGE