[2022] KEHC 2641 (KLR)
The court found that the present application was identical to a previous application by the same applicant, which had already been considered and dismissed on its merits. Re-litigating the same issue is an abuse of the court process. The court, therefore, dismissed the application and ordered the file closed,...
Source-derived case information.
- Citation
- [2022] KEHC 2641 (KLR)
- Parties
- Applicant: William Amondi Odiga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E004 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed as abuse of court process
- Judges
- RE Aburili
- Legal Topics
- Appeal Out of Time, Pauper Application, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Amondi Odiga
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to appeal out of time as a pauper.
- 2 Whether the current application is res judicata or an abuse of court process.
Ratio Decidendi
The court found that the present application was identical to a previous application by the same applicant, which had already been considered and dismissed on its merits. Re-litigating the same issue is an abuse of the court process. The court, therefore, dismissed the application and ordered the file closed, upholding the principle that the judicial process must not be misused by repeated applications on the same matter.
Court Disposition
application dismissed as abuse of court process
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E004 OF 2022
CORAM: HON. R.E. ABURILI, J
WILLIAM AMONDI ODIGA...................................................................APPLICANT
VERSUS
REPUBLIC...............................................................................................RESPONDENT
(An Application arising from conviction and sentence of the High Court at Siaya
in Criminal Appeal No. 152 of 2017 AND Siaya PM’s Court, Criminal Case No. 107/2014
by Hon. Hazel Wandere, PM delivered on 25/10/2016)
RULING
1. I have considered the application under Rule 113 of the Court of Appeal Rules seeking to appeal out of time and as a pauper. The judgment to be impugned was considered in HCRA 152/2016 and the applicant convict herein did file a similar application vide HCR Misc. Application No. 50/2018 which was considered on merit and dismissed on 31/7/2018.
2. The Application is the same as the one which was dismissed on 31/7/2018. It is an abuse of court process. It is hereby dismissed.
3. File closed.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JANUARY 2022
R.E. ABURILI
JUDGE