[2022] KEHC 373 (KLR)
The court found that the present appeal had already been consolidated with other related appeals (HCRA 53/2019, 54/2019, and 79/2019), and that a retrial had been ordered by the High Court in those consolidated matters. As a result, there was no longer any substantive appeal pending before the court in this file....
Source-derived case information.
- Citation
- [2022] KEHC 373 (KLR)
- Parties
- Appellant: Dennis Odhiambo Okello; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 79 of 2016
- Procedural Posture
- Criminal Appeal / Ruling on Status of Appeal After Consolidation and Retrial Order
- Outcome
- Appeal file closed as no appeal is pending after consolidation and retrial order.
- Judges
- RE Aburili
- Legal Topics
- Sexual Offences, Appeal Consolidation, Retrial Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Odhiambo Okello
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Status of Appeal After Consolidation and Retrial Order
Legal Issues
- 1 Whether the present appeal remains pending after consolidation with related appeals and a retrial order.
- 2 Whether the file should be closed in light of prior High Court orders.
Ratio Decidendi
The court found that the present appeal had already been consolidated with other related appeals (HCRA 53/2019, 54/2019, and 79/2019), and that a retrial had been ordered by the High Court in those consolidated matters. As a result, there was no longer any substantive appeal pending before the court in this file. The court therefore exercised its discretion to close the file, as the issues raised had already been addressed and disposed of in the previous proceedings and orders. The closure of the file was a procedural necessity to avoid duplication and ensure finality in the appellate process.
Court Disposition
Appeal file closed as no appeal is pending after consolidation and retrial order.
Orders
- This file is accordingly closed.
Full Case Text
Judgment text and source record
22 paragraphs
Okello v Republic (Criminal Appeal 79 of 2016) [2022] KEHC 373 (KLR) (26 April 2022) (Ruling)
Neutral citation: [2022] KEHC 373 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Appeal 79 of 2016
RE Aburili, J
April 26, 2022
Between
Dennis Odhiambo Okello
Appellant
and
Republic
Respondent
(An Appeal arising from Judgment, conviction and sentence in PM’s Bondo, Sexual Offence case No. 63 of 2018 and Siaya HCCRA No. 54/2019 & HCCRA No. 53/2019)
Ruling
1. Appellant is absent. Upon consulting Kisumu Maximum Prison virtually, the prisons authorities indicate that the appellant also filed HCRA 53/2019 and that vide a judgment delivered on 19/3/2020, the High Court at Siaya ordered for a retrial of the appellant at Bondo PM’s court.
2. I have also called for and perused HCRA 53/2019 and I observe that in the said appeal which was determined on 19/2/2020 and not 19/3/2020 as stated by the Kisumu Maximum Prison officers, the appellants therein were Dan Otieno Okoth, Richard Odongo Abonyo and Dennis Odhiambo Okello.
3. This considered their appeals and ordered for a retrial before Bondo PM’s court.
4. Another Appeal HCRA 59/2019 involving Richard Odongo Obonyo had been omitted in the consolidation with HCRA 79/2019 all arising from Bondo PM Sexual Offence No. 63/2018 was also closed on 21/4/2022.
5. For the reasons that this appeal was consolidated with HCRA 53/2019, HCRA 54/2019, HCRA 79/2019, there is no appeal pending.
6. This file is accordingly closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 26THDAY OF APRIL, 2022R.E. ABURILIJUDGE