[2021] KEHC 6213 (KLR)
The High Court found that it lacked jurisdiction to hear and determine the petition because the issues raised had already been addressed in the petitioner's criminal appeal. Entertaining the petition would amount to re-litigating matters already settled, constituting an abuse of the court process. The court...
Source-derived case information.
- Citation
- [2021] KEHC 6213 (KLR)
- Parties
- Petitioner: Johnson Omollo Solo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Petition E029 of 2021
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition dismissed for want of jurisdiction and as an abuse of process
- Judges
- RPV Wendoh
- Legal Topics
- Jurisdiction of High Court, Abuse of Court Process, Defilement Offence, Post Conviction Petitions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnson Omollo Solo
Petitioner
Republic
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain the petition after the issues were determined on appeal.
- 2 Whether the petition constitutes an abuse of the court process.
Ratio Decidendi
The High Court found that it lacked jurisdiction to hear and determine the petition because the issues raised had already been addressed in the petitioner's criminal appeal. Entertaining the petition would amount to re-litigating matters already settled, constituting an abuse of the court process. The court emphasized that jurisdiction is a threshold issue and, in its absence, the court must down its tools. Consequently, the petition was dismissed for want of jurisdiction and as an abuse of process.
Court Disposition
petition dismissed for want of jurisdiction and as an abuse of process
Orders
- The petition is hereby dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
PETITION NO. E029 OF 2021
JOHNSON OMOLLO SOLO......PETITIONER
-VERSUS-
REPUBLIC.................................RESPONDENT
JUDGEMENT
The petitioner, Johnson Omollo Solo is absent. I have seen his petition brought under Article 22, 23, 25, 27, (1) (2) 4 and 50(2) 159 and 165 (3) of the Constitution and Section 333(2) of the Criminal Procedure Code.
The appellant had been convicted of the offence of defilement under Section 8(1)(3) of the Sexual Offence Act. He appealed against that judgment in HCCA No. 12 of 2019. J Mrima rendered his judgment on 26th July 2019.
The issues raised in the petition should have been raised in the appeal.
This court has no jurisdiction to hear and determine the petition. The Petition is an abuse of the court process and a waste of the court’s precious time.
It is hereby dismissed.
DATED, SIGNED AND DELIVERED AT MIGORI THIS 17TH DAY OF JUNE, 2021
R. WENDOH
JUDGE
Judgment delivered in the presence of
Absent Petitioner in person.
Mr. Kimanthi for the Republic.
Nyauke Court Assistant