[2022] KEHC 12362 (KLR)
The court found that the applicant had already appealed against his conviction and sentence, and that appeal was dismissed. He subsequently sought revision of sentence, which was also dismissed. The present application seeking leave to appeal again on the same conviction and sentence is therefore an abuse of the...
Source-derived case information.
- Citation
- [2022] KEHC 12362 (KLR)
- Parties
- Applicant: MOO; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E059 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Incest Offence, Sexual Offences Act, Leave to Appeal, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MOO
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal
Legal Issues
- 1 Whether the applicant is entitled to leave to appeal against conviction and sentence after previous appeal and revision were dismissed.
- 2 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant had already appealed against his conviction and sentence, and that appeal was dismissed. He subsequently sought revision of sentence, which was also dismissed. The present application seeking leave to appeal again on the same conviction and sentence is therefore an abuse of the court process. The court has no basis to grant leave for a further appeal where the applicant has exhausted the available appellate and revisionary remedies. Accordingly, the application was declined and dismissed.
Court Disposition
application dismissed
Orders
- The application for leave to appeal is declined and dismissed.
- File is closed.
Full Case Text
Judgment text and source record
20 paragraphs
MOO v Republic (Miscellaneous Criminal Application E059 of 2022) [2022] KEHC 12362 (KLR) (25 May 2022) (Ruling)
Neutral citation: [2022] KEHC 12362 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E059 of 2022
RE Aburili, J
May 25, 2022
Between
MOO
Applicant
and
Republic
Respondent
(Being an Application arising from conviction and sentence of the Senior Resident Magistrate’s Court at Siaya in Criminal Case No. 174 of 2014)
Ruling
1. The applicant herein was convicted of the offence of Incest contrary to section 20(1) of the Sexual Offences Act in Siaya PM Cr Case 174/2014.
2. He appealed to the High Court vide HCRA 2/2018 which appeal was dismissed by Hon A J Makau J on March 1, 2018. He then filed a revision of sentence application before the court vide Misc Cr Application No 61 of 2018 which this court heard and dismissed on September 18, 2018.
3. He is now back into court seeking leave to appeal against conviction and sentence in Siaya PM Cr C 174/2014. I find this application to be an abuse of court process. It is declined and dismissed.
4. File is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF MAY, 2022R.E. ABURILIJUDGE