[2023] KEHC 19004 (KLR)
The court found that the present application was a duplicate of Misc Criminal Application No E025 of 2023, in which leave to appeal out of time had already been granted to the applicant. Entertaining the same prayers in a subsequent application would amount to duplicity and an abuse of court process. Accordingly,...
Source-derived case information.
- Citation
- [2023] KEHC 19004 (KLR)
- Parties
- Applicant: Reagan Ochieng Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E034 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Duplicity/striking Out
- Outcome
- application struck out for duplicity; file closed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Duplicity of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reagan Ochieng Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Duplicity/striking Out
Legal Issues
- 1 Whether the application is a duplicate of another application already determined by the court.
- 2 Whether the court should strike out the application for duplicity.
Ratio Decidendi
The court found that the present application was a duplicate of Misc Criminal Application No E025 of 2023, in which leave to appeal out of time had already been granted to the applicant. Entertaining the same prayers in a subsequent application would amount to duplicity and an abuse of court process. Accordingly, the court struck out the application and closed the file to prevent parallel proceedings on the same issue.
Court Disposition
application struck out for duplicity; file closed
Orders
- The application is struck out for duplicity.
- The file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E034 of 2023) [2023] KEHC 19004 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19004 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E034 of 2023
RE Aburili, J
June 19, 2023
Between
Reagan Ochieng Otieno
Applicant
and
Republic
Respondent
Ruling
1. This file and the prayers sought are the same as those sought and already granted in Misc Criminal Application No E025 of 2023, seeking leave to appeal out of time from the conviction and sentence in Tamu Principal Magistrate’s Criminal Sexual Offences No E019 of 2022.
2. As this court has already granted the Applicant leave to appeal out of time, in the other file, and this file is found to be a duplicate of HC Misc. Criminal Application No E025 of 2023, this application is struck out for duplicity and this file is hereby closed.
3. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE