[2021] KEHC 1861 (KLR)
The court found that the appellant had previously appealed against his conviction and sentence in the same matter, and that appeal had been dismissed with the sentence upheld. The current appeal, arising from the same proceedings and judgment, was therefore deemed an abuse of the court process. The court emphasized...
Source-derived case information.
- Citation
- [2021] KEHC 1861 (KLR)
- Parties
- Appellant: Poma Godfrey Ouma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E020 of 2020
- Procedural Posture
- Criminal Appeal / Ruling on Admission of Appeal
- Outcome
- appeal dismissed summarily as abuse of court process
- Judges
- RE Aburili
- Legal Topics
- Abuse of Court Process, Indecent Act With Child, Double Jeopardy, Criminal Appeals, Vexatious Litigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Poma Godfrey Ouma
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Admission of Appeal
Legal Issues
- 1 Whether the appellant is entitled to file a fresh appeal arising from the same proceedings and judgment previously determined by the court.
- 2 Whether the current appeal constitutes an abuse of the court process.
Ratio Decidendi
The court found that the appellant had previously appealed against his conviction and sentence in the same matter, and that appeal had been dismissed with the sentence upheld. The current appeal, arising from the same proceedings and judgment, was therefore deemed an abuse of the court process. The court emphasized that it maintains records of all matters filed and determined, and that the appellant's attempt to file a fresh appeal on the same issues was both mischievous and vexatious. Consequently, the court summarily dismissed the appeal and ordered the appellant to continue serving his sentence, warning him against further vexatious litigation.
Court Disposition
appeal dismissed summarily as abuse of court process
Orders
- The appeal is hereby dismissed.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL APPEAL NO. E020 OF 2020
CORAM: R.E. ABURILI, J
POMA GODFREY OUMA......................................................................APPELLANT
VERSUS
REPUBLIC..............................................................................................RESPONDENT
(An Appeal from Judgment, Conviction and sentence delivered on 13. 4.2017
in SRM’s Ukwala Criminal Case No. 639 of 2016 by Hon. G. Adhiambo,
Senior Resident Magistrate and HCRA 42 of 2017-Aburili J ON 17/12/2018).
RULING
1. This appeal arises from Ukwala SRM SO Case No. 639 of 2016 where the appellant herein Poma Godfrey Ouma and Ouma Walukwe Isaac were jointly charged and convicted of the offence of committing an indecent act with a child aged 15 years. They were however acquitted on the main charge of defilement of a child aged 15 years. They were convicted and each sentenced to serve 10 years imprisonment on the alternative charge.
2. Aggrieved by the said judgment, conviction and sentence, the convicts filed Siaya HCRA No. 42 and 43 of 2017 which appeals were consolidated by this court and vide a judgment rendered by this court on 17/12/2018, I dismissed with appeals against conviction and sentence and upheld the ten years prison term imposed on the appellants on 13/4/2017 by the trial court.
3. What I am seeing today is another fresh appeal by this appellant Poma Godfrey Ouma filed on 26/10/2020 arising from the same proceedings and judgment of the lower court. The appellant must be so sure that the memory of this court has now faded and he can therefore easily deceive the court and get away with his criminal conduct by abusing the court process.
4. The appeal is before me for admission and the determined appeal file is also availed to me.
5. Without much ado, I must dismiss this appeal summarily as the same is an abuse of court process and mischievous. Accordingly, this appeal is hereby dismissed and file closed.
6. Appellant to continue serving sentence imposed of ten years imprisonment with a stern warning that he should not be a vexatious litigant before this court which is a court of record and keeps a record of all matters filed and determined.
7. File closed.
8. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 18TH DAY OF NOVEMBER, 2021
R.E. ABURILI
JUDGE