[2022] KEHC 379 (KLR)
The court found that the present appeal was a duplicate of HCRA 53/2019, which had already been consolidated and determined with an order for retrial. As a result, there was no basis for the continued existence of this file. The court exercised its administrative and judicial authority to officially close the file,...
Source-derived case information.
- Citation
- [2022] KEHC 379 (KLR)
- Parties
- Appellant: Richard Onyango Obonyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 54 of 2019
- Procedural Posture
- Criminal Appeal / Ruling on Duplicative Appeal; Closure of File
- Outcome
- Appeal file closed as duplicative; no further orders.
- Judges
- RE Aburili
- Legal Topics
- Appeal Duplication, Case Consolidation, Retrial Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Onyango Obonyo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Duplicative Appeal; Closure of File
Legal Issues
- 1 Whether the present appeal is duplicative of HCRA 53/2019 and should be closed.
- 2 Whether the appeal has already been determined through consolidation and retrial order.
Ratio Decidendi
The court found that the present appeal was a duplicate of HCRA 53/2019, which had already been consolidated and determined with an order for retrial. As a result, there was no basis for the continued existence of this file. The court exercised its administrative and judicial authority to officially close the file, ensuring that the judicial process is not encumbered by duplicative proceedings and that the orders previously issued in the consolidated appeal remain operative.
Court Disposition
Appeal file closed as duplicative; no further orders.
Orders
- This file is hereby officially closed.
Full Case Text
Judgment text and source record
21 paragraphs
Obonyo v Republic (Criminal Appeal 54 of 2019) [2022] KEHC 379 (KLR) (21 April 2022) (Ruling)
Neutral citation: [2022] KEHC 379 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Appeal 54 of 2019
RE Aburili, J
April 21, 2022
Between
Richard Onyango Obonyo
Appellant
and
Republic
Respondent
(An Appeal arising from Judgment, Conviction and sentence in PM’s Bondo Criminal Case (SO) No. 63 of 2018 and Siaya HCRA No. 53/2019)
Ruling
1. This appeal is similar is HCRA 53/2019 where the appellants therein are Dan Otieno Okoth, Richard Odongo Abonyo and Dennis Odhiambo Okello. The appeals arise from Sexual Offence Case No. 63/2018 at Bondo PM’s court.
2. The Appellant herein filed this appeal singularly after jointly filing HCRA 53/2019. The latter appeal was consolidated with this appeal. The said appeal was however determined on 19/2/2020 with an order for a retrial.
3. Although, the two appeals were consolidated, the Registry in their case audit have traced this appeal as pending yet it was admitted to hearing on 31/10/2019.
4. For reasons that there was duplication of the appeals by the same appellant in HCRA 53/2019, which appeals were consolidated on 25/11/2011 and determined, this file is hereby officially closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 21ST DAY OF APRIL, 2022R.E. ABURILIJUDGE