[2019] KEHC 3789 (KLR)

[2019] KEHC 3789 (KLR)

The court found that the applicant had previously filed an application for revision in respect of the same conviction and sentence, which had already been disposed of in Criminal Revision Case No. 162 of 2018. Filing a subsequent application for revision on the same matter is an abuse of the court process. The...

Source-derived case information.

Citation
[2019] KEHC 3789 (KLR)
Parties
Appellant: Manase Otieno Oloo; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Revision 299 of 2018
Procedural Posture
Criminal Revision / Ruling
Outcome
application dismissed as abuse of court process
Judges
RE Aburili
Legal Topics
Abuse of Court Process, Criminal Revision, Repeat Applications
Source Language
en
Criminal Law Abuse of Court Process Criminal Revision Repeat Applications

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Summary, issues, holding and outcome

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Parties

Manase Otieno Oloo

Appellant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the application for revision is maintainable given a previous similar application was already disposed of.
  2. 2 Whether filing a second revision amounts to an abuse of court process.

Ratio Decidendi

The court found that the applicant had previously filed an application for revision in respect of the same conviction and sentence, which had already been disposed of in Criminal Revision Case No. 162 of 2018. Filing a subsequent application for revision on the same matter is an abuse of the court process. The court, therefore, dismissed the application and ordered the file closed.

Court Disposition

application dismissed as abuse of court process

Orders

  • The application for revision is dismissed as an abuse of court process.
  • File closed.