[2024] KEHC 1552 (KLR)
The court found that the applicant, Nelson Amayo Odhiambo, engaged in multiple filings regarding the same subject matter, including seeking leave to appeal out of time, filing appeals, and seeking revision of sentence, all while aware of the pendency of related proceedings. This conduct was deemed a clear abuse of...
Source-derived case information.
- Citation
- [2024] KEHC 1552 (KLR)
- Parties
- Applicant: Nelson Amayo Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E021 of 2022
- Procedural Posture
- Criminal Appeal / Order on Preliminary Objection/abuse of Process
- Outcome
- appeal struck out as abuse of court process
- Judges
- A. Ong’injo
- Legal Topics
- Abuse of Process, Multiple Filings, Appeal Out of Time, Criminal Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Amayo Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Order on Preliminary Objection/abuse of Process
Legal Issues
- 1 Whether the applicant's multiple filings constitute an abuse of court process.
- 2 Whether the appeal should be struck out due to duplicative and dishonest litigation conduct.
Ratio Decidendi
The court found that the applicant, Nelson Amayo Odhiambo, engaged in multiple filings regarding the same subject matter, including seeking leave to appeal out of time, filing appeals, and seeking revision of sentence, all while aware of the pendency of related proceedings. This conduct was deemed a clear abuse of the court process and a waste of judicial time. The court emphasized the need to protect judicial resources and maintain the integrity of the litigation process. Consequently, the appeal was struck out as an abuse of process, and the court ordered that the copies of the proceedings be kept together for future reference.
Court Disposition
appeal struck out as abuse of court process
Orders
- The appeal is struck out as being an abuse of court process.
- The copies herein to be kept together for future reference.
Full Case Text
Judgment text and source record
20 paragraphs
Odhiambo v Republic (Criminal Appeal E021 of 2022) [2024] KEHC 1552 (KLR) (13 February 2024) (Order)
Neutral citation: [2024] KEHC 1552 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Appeal E021 of 2022
A. Ong’injo, J
February 13, 2024
Between
Nelson Amayo Odhiambo
Applicant
and
Republic
Respondent
Order
1. The High Court Criminal Appeal No. 99 of 2014. Judgement delivered on 29/10/2021. Appeal was dismissed by Mativo J.
2. The same applicant filed Misc. Application No. E018 of 2022 seeking for leave to file appeal out of time. On 3/3/2021 - Hon. Justice Mativo (as he then was) granted leave and on 29/10/2021 dismissed appellants appeal in CR. Appeal No. 99 of 2014. Misc. Application No. E018 of 2022 was filled when the Appellant knew very well that his appeal no. 99 of 2014 was pending.
3. The Appellant then filed CR. Revision No. E190 of 2022 on 20/09/2022 seeking for revision of his sentence knowing very well that he had again filed Appeal No. E021 of 2022 on 8/03/2022.
4. This is obvious abuse of court process and a waste of precious judicial time that should be used to serve other litigants who are yet to go through trial process. The Appellant is dishonest.
5. The appeal herein is struck out as being an abuse of court process. The copies herein to be kept together for future reference.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 13TH DAY OF FEBRUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGE13/02/2024Before Hon. Lady Justice A. Ong’injo JEtropia/Ogwel - Court Asst.Court Prosecutor - Mr. Ngiri