[2020] KEHC 3681 (KLR)
The court held that the plea of autrefois acquit, which protects an accused from being tried again for an offence for which they have already been acquitted, must be raised before the trial court that is currently hearing the matter. Since the applicants are before the Bondo Principal Magistrate's Court, it is that...
Source-derived case information.
- Citation
- [2020] KEHC 3681 (KLR)
- Parties
- Applicant: Kevin Ouma Oloo; Applicant: Fredrick Otieno Odindo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 20 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Preliminary Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Double Jeopardy, Autrefois Acquit, Criminal Procedure, Retrial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Ouma Oloo
Applicant
Fredrick Otieno Odindo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Application
Legal Issues
- 1 Whether the plea of autrefois acquit can be raised in the current application before the High Court.
- 2 Whether the applicants are entitled to relief from the High Court on the basis of alleged double jeopardy.
Ratio Decidendi
The court held that the plea of autrefois acquit, which protects an accused from being tried again for an offence for which they have already been acquitted, must be raised before the trial court that is currently hearing the matter. Since the applicants are before the Bondo Principal Magistrate's Court, it is that court which must consider and determine the plea. The High Court found the application premature and misplaced, as it was not the proper forum for raising the plea at this stage. Consequently, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed as premature and misplaced.
- File closed.
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. 20 OF 2020
KEVIN OUMA OLOO......................1ST APPLICANT
FREDRICK OTIENO ODINDO......2ND APPLICANT
VERSUS
REPUBLIC.............................................RESPONDENT
(An Application arising from Original Criminal Case No. 369/2017 at Principal Magistrate’s court, Siaya before Hon. J. Ong’ondo, PM and Judgment delivered vide Criminal Appeal No. 36 of 2018 at Siaya High Court dated 13. 11. 2019 before Hon. Lady Justice R.E. Aburili - Judge)
RULING
1. I have considered the application by the applicants Kevin Ouma Oloo and Fredrick Otieno Odindo who are before Bondo PM’s Court charged with the offence of Robbery with violence contrary to section 296(2) of the Penal Code. IN their application they aver that they are facing a retrial over the same offence that they were acquitted on in the previous trial. As the applicants claim that that they are charged with Count 1 for which they were initially acquitted of, I find that the said Plea of autrefois acquit can only be raised before the same court that is trying the applicants.
2. This application is therefore premature and misplaced. It is dismissed.
3. File closed.
4. Dated, signed and Delivered at Siaya, this 21st Day of July, 2020
R.E. ABURILI
JUDGE