[2023] KEHC 19001 (KLR)
The court found that the present application was duplicative of HCCR Misc Application No E032 of 2023, which involved the same parties and subject matter and had already been considered and allowed. Since the applicant had already obtained the relief sought in the other file, this matter was unnecessary and...
Source-derived case information.
- Citation
- [2023] KEHC 19001 (KLR)
- Parties
- Applicant: Erick Omondi Omboya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E128 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Duplicity/striking Out
- Outcome
- application struck out for duplicity
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Appeal Out of Time, Duplicity of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Omondi Omboya
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Duplicity/striking Out
Legal Issues
- 1 Whether the present application is duplicative of another pending application between the same parties on the same subject matter.
- 2 Whether the court should strike out the application for duplicity.
Ratio Decidendi
The court found that the present application was duplicative of HCCR Misc Application No E032 of 2023, which involved the same parties and subject matter and had already been considered and allowed. Since the applicant had already obtained the relief sought in the other file, this matter was unnecessary and constituted duplicity. The court therefore struck out the application and closed the file to prevent abuse of process and multiplicity of proceedings.
Court Disposition
application struck out for duplicity
Orders
- This matter is struck out for duplicity.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Omboya v Republic (Miscellaneous Criminal Application E128 of 2022) [2023] KEHC 19001 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19001 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E128 of 2022
RE Aburili, J
June 19, 2023
Between
Erick Omondi Omboya
Applicant
and
Republic
Respondent
Ruling
1. This file is similar to HCCR Misc Application No E032 of 2023 between the same parties. The Applicant is Erick Omondi Mboya in the said file where he seeks leave of court to file an appeal out of time from Kisumu CMCRC No 525 of 2018 wherein he was allegedly convicted and sentenced to death for the offence of Robbery with violence contrary to Section 296(2) of the Penal Code on December 1, 2021.
2. He filed this matter without any document and it was registered and left in the CTS as active. The other file was opened on June 8, 2023 with the application which I have already considered and allowed.
3. Accordingly, this matter is struck out and the file is closed for duplicity.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE