[2024] KEHC 6442 (KLR)
The court found that the application dated 14th May 2024 was identical to another application previously filed by the same applicant, both seeking the same orders. Entertaining duplicate applications would be contrary to the proper administration of justice and would amount to an abuse of the court process....
Source-derived case information.
- Citation
- [2024] KEHC 6442 (KLR)
- Parties
- Applicant: Henry Ngesa Onganga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 67 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application struck out for duplicity
- Judges
- RE Aburili
- Legal Topics
- Duplicity of Applications, Criminal Procedure, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Henry Ngesa Onganga
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the application dated 14th May 2024 should be entertained given the existence of a similar application by the same applicant seeking the same orders.
- 2 Whether the filing of duplicate applications constitutes an abuse of court process.
Ratio Decidendi
The court found that the application dated 14th May 2024 was identical to another application previously filed by the same applicant, both seeking the same orders. Entertaining duplicate applications would be contrary to the proper administration of justice and would amount to an abuse of the court process. Consequently, the court struck out the application for duplicity and ordered the file closed.
Court Disposition
application struck out for duplicity
Orders
- The application dated 14th May 2024 is struck out for duplicity.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Onganga v Republic (Miscellaneous Criminal Application 67 of 2023) [2024] KEHC 6442 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6442 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application 67 of 2023
RE Aburili, J
June 3, 2024
Between
Henry Ngesa Onganga
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. E037 of 2021 at Winam)
Ruling
1. This application dated 14th May 2024 is the same as the one filed vide HCCR Misc. Application No. E062 of 2024 by the same person who is Henry Ngesa Onganga, the convict in Winam SPM Criminal Case No. E037 of 2021.
2. Accordingly, as the two files pray for the same orders, the application dated 14th May 2024 is truck out for duplicity and the file is closed.
3. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RDDAY OF JUNE, 2024R. E. ABURILIJUDGE