[2023] KEHC 19003 (KLR)
The court found that the present application was duplicative of Misc. Criminal Application No. E030 of 2023, which involved the same applicant and had already been determined on the merits. As no documents were filed in the present matter and nothing was pending for consideration, the court held that the matter...
Source-derived case information.
- Citation
- [2023] KEHC 19003 (KLR)
- Parties
- Applicant: Kennedy Juma Ogola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E051 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Duplicity/striking Out
- Outcome
- Application struck out for duplicity; file closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Computation, Section 333 2 Criminal Procedure Code, Duplicity of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Juma Ogola
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Duplicity/striking Out
Legal Issues
- 1 Whether the present application is maintainable given the existence and determination of a similar application.
- 2 Whether the matter should be struck out for duplicity.
Ratio Decidendi
The court found that the present application was duplicative of Misc. Criminal Application No. E030 of 2023, which involved the same applicant and had already been determined on the merits. As no documents were filed in the present matter and nothing was pending for consideration, the court held that the matter should be struck out for duplicity and the file closed. The court emphasized the need to avoid parallel or repetitive proceedings on the same issue, upholding procedural efficiency and finality.
Court Disposition
Application struck out for duplicity; file closed.
Orders
- This matter is struck out for duplicity and the file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ogola v Republic (Miscellaneous Criminal Application E051 of 2022) [2023] KEHC 19003 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19003 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E051 of 2022
RE Aburili, J
June 19, 2023
Between
Kennedy Juma Ogola
Applicant
and
Republic
Respondent
Ruling
1. This file is similar to HCCR Misc. Application No. E030 of 2023. In the latter case, the Applicant/Convict Kennedy Juma sought for consideration of his 25 years’ imprisonment imposed to be calculated from date of arrest on 1st August 2007.
2. This court has considered that application in accordance with Section 333(2) of the Criminal Procedure Code and allowed it.
3. In the present file, no documents were filed although the file was opened and entered in the CTS, making it active yet there is nothing pending for consideration.
4. Accordingly, as this file is similar to Misc. Criminal Application No. E030 of 2023 which has been determined and as nothing was filed herein, this matter is struck out for duplicity and file is closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE