[2024] KEHC 11844 (KLR)
The court found that the applicant had previously filed similar applications for leave to appeal out of time, all of which had been dismissed. The applicant failed to disclose the existence and outcome of these prior applications in the current application. The court held that the repeated filing of similar...
Source-derived case information.
- Citation
- [2024] KEHC 11844 (KLR)
- Parties
- Applicant: Leonard Otieno Omullo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E096 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed as abuse of court process
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sexual Offences Act, Leave to Appeal Out of Time, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Otieno Omullo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant is entitled to leave to appeal out of time after previous similar applications were dismissed.
- 2 Whether the repeated filing of similar applications constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant had previously filed similar applications for leave to appeal out of time, all of which had been dismissed. The applicant failed to disclose the existence and outcome of these prior applications in the current application. The court held that the repeated filing of similar applications, without new grounds or disclosure of previous rulings, amounts to an abuse of the court process. Consequently, the court dismissed the application and ordered the file closed.
Court Disposition
application dismissed as abuse of court process
Orders
- The application filed on 25/10/2023 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Omullo v Republic (Miscellaneous Criminal Application E096 of 2023) [2024] KEHC 11844 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11844 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E096 of 2023
RE Aburili, J
September 27, 2024
Between
Leonard Otieno Omullo
Applicant
and
Republic
Respondent
(Being an Application for review of Conviction and Sentence in Bondo M’s Court vide S.O. No. 54 of 2020 delivered by Hon. S.W. Mathenge, RM on 3/8/2021)
Ruling
1. The Applicant was convicted of the offence of defilement contrary to Section 8 (2) of the Sexual Offences Act vide Bondo SPM S.O 54/2020. He was sentenced to serve life imprisonment.
2. He appealed vide Siaya HCCRA No. E019/2021 which appeal was heard on merit and dismissed vide judgement rendered on 24/1/2022. The court upheld both conviction and sentence. The child complainant was aged 10 years old.
3. He now applies for leave to appeal out of time. He however does not disclose that vide Misc. Criminal Application No. E012/2023, the court dismissed his application for leave to appeal as a pauper and directed that as he had already filed a valid notice of Appeal on record, he should pay for the preparation and compilation of a record of appeal.
4. Instead, he has filed a similar application as one that was dismissed vide ruling dated 20/2/2023. Previously, he had another application vide Misc. Cr. Application E018/2022 which was cited in Misc. Cr. Application E012/2023. That applications were dismissed.
5. I find this 3rd application filed on 25/10/2023 to be abuse of court process.
6. It is hereby dismissed.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024. R. E. ABURILIJUDGE