[2019] KEHC 3801 (KLR)
The court found that the present appeal was a duplication of HCRA 129/2016, which had already been determined by a judgment allowing the appeal against conviction and sentence. To avoid duplicity and unnecessary use of judicial resources, the court struck out the current appeal and ordered the file closed.
Source-derived case information.
- Citation
- [2019] KEHC 3801 (KLR)
- Parties
- Appellant: Samuel Amani Odongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 124 of 2016
- Procedural Posture
- Criminal Appeal / Ruling on Duplicative Appeal
- Outcome
- Appeal struck out as duplicative; file closed.
- Judges
- RE Aburili
- Legal Topics
- Appeal Duplication, Conviction and Sentence, Case Striking Out
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Amani Odongo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Duplicative Appeal
Legal Issues
- 1 Whether the present appeal is a duplication of HCRA 129/2016.
- 2 Whether the appeal should be struck out due to duplication.
Ratio Decidendi
The court found that the present appeal was a duplication of HCRA 129/2016, which had already been determined by a judgment allowing the appeal against conviction and sentence. To avoid duplicity and unnecessary use of judicial resources, the court struck out the current appeal and ordered the file closed.
Court Disposition
Appeal struck out as duplicative; file closed.
Orders
- The appeal is struck out as a duplication of HCRA 129/2016.
- The file is hereby closed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL APPEAL CASE NO. 124 OF 2016
SAMUEL AMANI ODONGO...........................................APPELLANT
VERSUS
REPUBLIC......................................................................RESPONDENT
(Being an Appeal against both the conviction and sentence dated 5. 7.2016 in Criminal Case No. 941 of 2015 in Bondo Law Court before Hon. M. Obiero – P.M. )
RULING
1. As the Appellant in this appeal also filed HCRA 129/2016 which was disposed of vide judgment dated 5. 4.2017 allowing the appeal against Conviction and sentence, this appeal which was a duplication of HCRA 129/2016 is hereby struck out and the file is hereby closed.
2. File is hereby closed.
3. Orders accordingly.
DATED AT SIAYA THIS 26TH DAY OF SEPTEMBER, 2019.
HON. LADY JUSTICE R. E. ABURILI
JUDGE